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Agenda packet

City Council and Authorities Concurrent
October 8, 2024

Document
Agenda packet
Meeting
October 8, 2024
Body
City Council and Authorities Concurrent
Pages
174
Original file
47.2 MB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar.com. That file is the official record.

City of Santa Clara
Joint Meeting Agenda of the
City Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
6:00 PMTuesday, October 8, 2024
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

1. Use the eComment tab located on the City Council Agenda page (https://santaclara.legistar.com/Calendar.aspx). eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.

2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

Page 1 of 12 ends

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024
6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum

1. Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov’t Code § 54956.9(d)(1)
Nevarez v. City of Santa Clara, et al., United States District Court, Northern District of California Case No.
5:16-CV-07013-LHK
24-655
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.

Convene to Closed Session (Council Conference Room)
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
Roll Call

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

SPECIAL ORDER OF BUSINESS

2.A Proclamation of October as Breast Cancer Awareness Month24-565

2.B Informational Report - New 4th Grade Program (BRAVE) in Partnership with Santa Clara Unified School District
24-630
Note and file this informational report regarding the
implementation of the BRAVE pilot program with the
Santa Clara Unified School District for the 2024/25
school year
Recommendation:

2.C Proclamation of the First Full Week of October 6-12, 2024, as Public Power Week
24-896

Page 2 of 12 ends

Closed Session - 6:00 PM | Regular Meeting - 7:00 PM
Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no
separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]

3.A Action on the meeting minutes of the October 26, 2023 Special City Council Meeting (AB1234 Ethics Training) and Action on the meeting minutes of the June 25, 2024 Joint Council and Authorities Concurrent & Stadium Authority meeting
24-314
Approve the minutes of the October 26, 2023 Special
City Council Meeting (AB1234 Ethics Training)
meeting and the minutes of the June 25, 2024 Joint
Council and Authorities Concurrent & Stadium
Authority meeting.

Recommendation:

3.B Board, Commissions and Committee Minutes24-18
Note and file the Minutes of:

Audit Committee - February 28, 2024
Audit Committee - March 21, 2024
Audit Committee - September 3, 2024
Bicycle & Pedestrian Advisory Commission - June 17,
2024
Parks & Recreation Commission - August 12, 2024
Senior Advisory Commission - August 19, 2024
Station Area Task Force - May 16, 2024
Station Area Task Force - July 25, 2024
Recommendation:

Page 3 of 12 ends

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

3.C Action on Award of Purchase Orders to CD & Power and Odyssey Power for Citywide Stationary Generator Services 24-795

1. Determine that the proposed actions are exempt
from CEQA pursuant to Section 15301 (Existing
Facilities) of Title of California Code of
Regulations;

2. Authorize the City Manager to execute Purchase
Orders with CD & Power and Odyssey Power for
stationary generator services, with a total
aggregate maximum compensation not-to-exceed
$167,860 for an initial one-year term starting on or
around October 7, 2024, and ending on or around
October 31, 2025, subject to the appropriation of
funds, in final forms approved by the City Attorney;
and

3. Authorize the City Manager to exercise up to four
additional one-year options to extend the term of
the Purchase Orders through October 31, 2029,
adjust pricing consistent with applicable market
indices, and increase the maximum compensation
by an additional $750,000 for a total aggregate
maximum compensation not to exceed $917,860,
in final forms approved by the City Attorney.

Recommendation:

Page 4 of 12 ends

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

3.D Action on Agreements with Various Consultants to Provide Plan Check Review
and Field Inspection Consulting Services for
Department of Public Works Development and Utility Permitting Projects
24-77

1. Authorize the City Manager or designee to execute
agreements with CSG Consultants, Inc. and
Interwest Consulting Group, Inc. for plan check
review and field inspection services, and with Zoon
Engineering for field inspection services, in support
of Development and Utility Permitting Projects, for
initial three-year terms starting on or around
November 1, 2024 and ending on or around
November 30, 2027, with a maximum
compensation not to exceed $300,000 for each
agreement, in final forms approved by the City
Attorney; and

2. Authorize the City Manager or designee to take any
actions as necessary to implement and administer
the above agreements and to negotiate and
execute amendments to (a) exercise up to two
one-year extensions and (b) adjust the amounts,
provided that the total aggregate compensation
across all three agreements does not exceed
$900,000, subject to the appropriation of funds and
in final forms approved by the City Attorney.

Recommendation:

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

3.E Action on ARCOS Master Service Agreement with ARCOS, LLC for
the Purchase, Implementation, and Support of a Scheduling and Resource Management Software Platform for Silicon Valley Power (SVP).
24-1384

1. Authorize the City Manager to execute an ARCOS
Master Service Agreement with ARCOS, LLC
(ARCOS MSA) for an initial three-year term
beginning on or around October 1, 2024, and
ending on or around September 30, 2027, with the
option to extend three additional years through
September 30, 2030, with a maximum
compensation not to exceed $1,000,000, subject to
budget appropriations and review and approval as
to form by the City Attorney;

2. Authorize the City Manager to execute Work Order
No. 0001 to the ARCOS Master Service
Agreement to provide and implement a scheduling,
dispatch, and resource management solution
subject to the maximum compensation of the
ARCOS Master Service Agreement; and

3. Authorize the City Manager to take any actions as
are necessary or advisable to implement and
administer the ARCOS Master Service Agreement
and negotiate and execute new Work Orders and
amendments to the ARCOS MSA and Work Order
No. 0001 to (a) extend the term through September
30, 2030; (b) adjust rates in accordance with the
applicable Work Order; or (c) add or delete
services or solution functionalities required to
support future system requirements or City needs
for a total maximum compensation not to exceed
$1,500,000 over a six-year period, subject to
budget appropriations and review and approval as
to form by the City Attorney.

Recommendation:

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Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

3.F Action on Amendment No. 2 to Agreement with Arini
Geographics, LLC for Geographic Information System (GIS) Consulting Services
24-957

1. Approve and authorize the City Manager to
execute Amendment No. 2 for Enterprise GIS
Consulting Services with Arini Geographics, LLC to
extend the term by an additional six months through
April 30, 2025, and increase the maximum
compensation by $588,226 for a revised
not-to-exceed compensation amount of
$5,857,226, subject to appropriation of funds, and
in a final form approved by the City Attorney; and

2. Authorize the City Manager to execute
amendments to extend the term of the agreement,
with no compensation increase and no new
projects assigned, in the event a project is not
completed by April 30, 2025, in a final form
approved by the City Attorney.

Recommendation:

3.G Action on Amendment No. 4 to the Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy Services
24-654
Authorize the City Manager to execute Amendment
No. 4 to the Agreement with Townsend Public Affairs,
Inc. for legislative advocacy services to extend the
term of the agreement through January 29, 2027 and
increase the total not to exceed amount from
$434,700 to $620,100, subject to budget
appropriations, in a final form approved by the City
Attorney.

Recommendation:

Page 7 of 12 ends

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

3.H Adoption of a Resolution Approving the California Governor’s Office of Emergency
Services (Cal OES) Designation of
Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130) Designating the City Manager, Director of Finance, and Assistant Director of Finance as Authorized Agents of the City to Execute Agreements, Assurances, and Reimbursement Claims Required for related to Obtaining Federal Financial Assistance under Public Law 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or State Financial Assistance under the California Disaster Assistance Act
24-906
Adopt a Resolution Approving Cal OES Form 130
Designating the City Manager, the Director of
Finance, and the Assistant Director of Finance,
respectively, by Title as Authorized Agents for the City of Santa Clara to Execute Agreements, Assurances,
and Reimbursement Claims Required for Obtaining
Federal Financial Assistance under Public Law
93-288, as amended by the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of
1988, and/or State Financial Assistance under the
California Disaster Assistance Act.

Recommendation:

3.I Action on a Resolution Approving the 2025 Planning
Commission Calendar of Meetings
24-842
Adopt a Resolution approving the 2025 Planning
Commission Calendar of Meetings.

Recommendation:

3.J Action on a Resolution Approving the 2025 Historical and Landmarks Commission Calendar of Meetings
24-924
Adopt a Resolution approving the 2025 Historical and
Landmarks Commission Calendar of Meetings.

Recommendation:

Page 8 of 12 ends

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

3.K Action to Authorize the City Manager to Issue Purchase Orders to The
Okonite Company for the Purchase of Okonite
Alternative Cables for Silicon Valley Power’s Distribution System 24-976

1. Authorize the City Manager to issue purchase
orders to The Okonite Company for the purchase of
Okonite alternative cables for Silicon Valley
Power’s distribution system with a total maximum
purchase amount not to exceed $1,000,000 for the
time period beginning on the date of this
authorization through December 31, 2025, in forms
approved by the City Attorney and subject to the
annual appropriation of funds; and

2. Authorize the City Manager to take any actions as
necessary to implement and administer the
purchase orders including issuing change orders,
subject to annual appropriation of funds.

Recommendation:

PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the
subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]

CONSENT ITEMS PULLED FOR DISCUSSION

PUBLIC HEARING/GENERAL BUSINESS (COUNCIL/STADIUM)

Page 9 of 12 ends

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

4. Action on the Stadium Manager’s Request to Execute an Agreement with Staff Pro Inc. d/b/a Allied Universal Event Services for Event Security Services at Levi’s Stadium for a Three-Year Period with the Option to Extend Two Additional One-Year Periods
24-639

1. Approve the Stadium Manager’s request to
execute an agreement with Staff Pro Inc. DBA
Allied Universal Event Services for event security
services at Levi’s Stadium, for a three-year period,
commencing November 1, 2024 and ending on July
31, 2027, with an option to extend for two additional
one-year periods, in a form approved by the
Stadium Authority Counsel, and subject to budget
appropriations;

2. Authorize the Stadium Manager to execute the
Service Level Agreement described under Exhibit
A of the agreement with Staff Pro Inc. DBA Allied
Universal Event Services, in a form approved by the
Stadium Authority Counsel; and

3. Authorize the Stadium Manager to exercise the
option to extend the agreement with the same
terms and conditions for two additional one-year
periods, subject to budget appropriations and after
consultations with the Stadium Authority Executive
Director. Stadium Manager is not authorized to
exercise an option to extend the term of the
Agreement if such extension includes an increase
to the compensation and fees set forth in Exhibit B
in excess of 6% annually without the express written
approval of the Stadium Authority Executive
Director.

Recommendation:

Page 10 of 12 ends

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

5. Action on a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program and Route Approval for the
Silicon Valley Power 115 kilovolt Transmission Line from the Northern Receiving Station to the Kifer Receiving Station 24-751

1. Adopt a Resolution adopting the Mitigated
Negative Declaration and the Mitigation Monitoring
and Reporting Program for the New 115kV
Transmission Line Project between the Northern
Receiving Station and Kifer Receiving Station; and

2. Approve Route A, Option 1, for an entirely overhead
alignment of the New 115kV Transmission Line,
with authorization to Silicon Valley Power staff to
make minor alignment adjustments based on final
project engineering and design.

Recommendation:

6. Action on City Position on Proposed League of California Cities’ 2024 Resolution on
Fair and Equal Treatment of All
Governmental Officials at All Levels
24-892

1. Council discussion and action on the proposed
Cal Cities 2024 Resolution, which aims to ensure
fair and equal treatment of all governmental officials
at all levels; and

2. Authorize the City’s voting delegate,
Councilmember Park, to cast a vote consistent with
the City Council’s position during the Cal Cities
2024 General Assembly.

Recommendation:

REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030

REQUESTS

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The next regular scheduled meeting is on Tuesday, October 22, 2024 in the City Hall Council Chambers. Page 11 of 12 City of Santa Clara Printed on 10/4/2024 Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda October 8, 2024

MEETING DISCLOSURES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 12 of 12 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-655 Agenda Date: 10/8/2024

SUBJECT
Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov’t Code § 54956.9(d)(1)
Nevarez v. City of Santa Clara, et al., United States District Court, Northern District of California Case No. 5:16-CV-07013-LHK
City of Santa Clara Printed on 10/4/2024Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-565 Agenda Date: 10/8/2024

REPORT TO COUNCIL

SUBJECT
Proclamation of October as Breast Cancer Awareness Month

BACKGROUND
National Breast Cancer Awareness Month began as an awareness campaign in 1985 as a partnership between the American Cancer Society and the pharmaceutical division of Imperial Chemical Industries to educate women about breast cancer and mammograms as an important tool to be used in the fight against breast cancer. Former First Lady Betty Ford, a breast cancer survivor, helped kick off the inaugural event to bring awareness to the disease.

Breast cancer is the second most common cancer in women in the United States. In 2024, more than 310,000 women are estimated to be diagnosed with breast cancer. It should be noted that men can also contract breast cancer, and more than 2,700 men are estimated to be diagnosed in 2024.

Currently, there are more than 4 million breast cancer survivors in the United States.

Since 1985, Breast Cancer Awareness Month has been held annually in October. The month aims to increase awareness of the disease, raise funds for research, and educate communities about the importance of early screening and detection of breast cancer. The pink ribbon was first utilized in 1992 as a visual reminder of Breast Cancer Awareness Month. The 2024 international theme for Breast Cancer Awareness Month is “No one should face breast cancer alone.”

DISCUSSION
The City of Santa Clara joins in recognizing Breast Cancer Awareness Month to encourage our community to acknowledge and support all individuals affected by breast cancer. At the October 8, 2024 City Council meeting, the City of Santa Clara will proclaim October 2024 as Breast Cancer Awareness Month.

Executive Director Stephanie Demos from Cancer CAREPoint will be present to accept the proclamation. Cancer CAREPoint is an organization dedicated to transforming support for cancer patients and survivors, their families, and caregivers in the Bay Area through personalized counseling, assistance, resources, and education.

ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act ("CEQA") is required.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

City of Santa Clara Printed on 10/4/2024Page 1 of 2
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24-565 Agenda Date: 10/8/2024

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Draft Proclamation for Breast Cancer Awareness Month City of Santa Clara Printed on 10/4/2024Page 2 of 2
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City of SantaClara

WHEREAS, Breast Cancer Awareness Month is celebrated in the month of October to increase awareness of the disease, to raise funds for research into its cause, prevention, diagnosis, treatment, and cure, and to educate on the importance of early screening and detection; and

WHEREAS, breast cancer is the second -leading cause of cancer deaths in women; it accounts for about 30 percent of all new female cancers each year, and more than 260,000 women in the United States are diagnosed with the disease annually; and

WHEREAS, breast cancer in men, while rare, can also occur; more than 2,700 new cases of breast cancer are expected in 2024; and

WHEREAS, most people can survive breast cancer if it’s found and treated early; death rates from breast cancer have been declining, and these changes are thought to be the results of treatment advances, earlier detection through screening, and increased awareness.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the City of Santa Clara, do hereby proclaim the month of October 2024, as
Breast Cancer Awareness Month

in the City of Santa Clara and call upon residents to raise awareness for breast cancer prevention and the importance of early detection of breast cancer.

Given under my hand and the Seal of the City of Santa Clara, California, this 8th day of October 2024.

LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA

ANTHONY BECKER
VICE MAYOR, DISTRICT 6

KATHY WATANABE
COUNCILMEMBER, DISTRICT 1

RAJ CHAHAL
COUNCILMEMBER, DISTRICT 2

KAREN HARDY
COUNCILMEMBER, DISTRICT 3

KEVIN PARK
COUNCILMEMBER, DISTRICT 4

SUDS JAIN
COUNCILMEMBER, DISTRICT 5
Proclamation

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-630 Agenda Date: 10/8/2024

REPORT TO COUNCIL

SUBJECT
Informational Report - New 4th Grade Program (BRAVE) in Partnership with Santa Clara Unified School District

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Drug Abuse Resistance Education America (D.A.R.E.) program was developed in 1983 in response to the War on Drugs and to Nancy Reagan’s “Just Say No” philosophy.

For approximately 40 years, the Police Department has maintained a non-enforcement related presence within the local private and public schools to offer D.A.R.E. in 5th grade classrooms. The program taught youth to lead safe, healthy and responsible drug-free lives. Meanwhile, the Police Department has focused on building trust, breaking down barriers, promoting a sense of community between young people and law enforcement. In turn, D.A.R.E. has served as the conduit to open dialogue and establish partnerships between law enforcement and teachers/school administrators, as well as actively engage with the youth in the community and their families.

DISCUSSION
Over the years, there have been inquiries about the effectiveness of the D.A.R.E. curriculum, particularly the pace at which it reflects the evolving laws (e.g., growth, sales, and use of marijuana; vaping) and changing experiences and attitudes of young people (e.g., body image, cyberbullying, pornography/sex trafficking/sexting, school shootings, etc.). All D.A.R.E. content is proprietary and may not be altered without written permission from D.A.R.E. America.

Today’s children face an ever-growing set of obstacles and dangers driven by a range of social, economic, environmental and psychological factors. Largely as a result of the pandemic, Santa Clara Unified School District (SCUSD) staff and administrators shared their concerns surrounding new challenges faced by students and the resulting behaviors being exhibited in the classroom.

Preliminary discussions between SCUSD, Police Department and the curriculum development vendor, revealed a number of post-pandemic effects on students after schools were abruptly closed (e.g., learning loss, truancy, increased absenteeism, negative student behavior). Student behavior issues are also being experienced at earlier ages, with students of families dealing with depression, stress or anxiety, making it an obstacle for success in school.

Through this dialogue, Building Respect and Awareness through Education (BRAVE) was conceptualized. This new Pilot Program will serve twenty 4th grader classrooms over the 2024/25 City of Santa Clara Printed on 10/4/2024Page 1 of 2
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24-630 Agenda Date: 10/8/2024
school year on topics such as responsibility, communication, peer pressure, bullying, cybersecurity and safety, and substance awareness. The curriculum, developed and tailored to meet the needs of Santa Clara youth, will be delivered by police officers using lessons plans developed in concert with SCUSD personnel, in addition to interactive scenarios, videos and a workbook. The School District will be administering pre and post-tests to evaluate this interactive Pilot Program for critical thinking, decision-making skills and topics that foster the social emotional development, mental health and well-being students need to thrive.

The purpose of tonight's presentation is to advise the City Council of the launch of this new BRAVE program and to introduce the Police Department’s mascot, “Walsh” to be utilized in BRAVE and other community events.

ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The supply costs and staffing for the Pilot Program will be charged to its Fiscal Year 2024/25 Operating Budget as there is sufficient funding for these program costs.

Should a school district express an interest in implementing the BRAVE program beyond the pilot year, the City will negotiate a cost-sharing agreement based on a per-classroom cost to provide the program. This would allow for both public and private schools to receive the BRAVE program.

COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and Police Department.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Note and file this informational report regarding the implementation of the BRAVE pilot program with the Santa Clara Unified School District for the 2024/25 school year Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. BRAVE logo

2. Police Department mascot
City of Santa Clara Printed on 10/4/2024Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-896 Agenda Date: 10/8/2024

REPORT TO COUNCIL

SUBJECT
Proclamation of the First Full Week of October 6-12, 2024, as Public Power Week

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Public Power Week is an annual national celebration that recognizes the economic, social and environmental contributions of hometown electric utilities. Public Power Week is organized by the American Public Power Association. Silicon Valley Power (SVP), along with approximately 2,000 other public power utilities across the United States, celebrate Public Power Week for the first full week of October every year to help customers and stakeholders understand the benefits that a public power utility brings to the community.

DISCUSSION
During the first full week in October, SVP engages in communication campaigns to educate the public on the benefits of a locally owned and City Council governed not-for-profit utility. SVP maintains high reliability at a price lower than other California utilities. Having local control gives SVP the flexibility to deliver community programs tailored to the City of Santa Clara’s specific needs.

Throughout the past 20 years, SVP has held various public power education events during the first full week of October, from customer tours of generation plants to informational tables at community buildings. This year SVP is planning similar events.

The City Council would like to recognize the first full week of October as “Public Power Week” to increase public awareness to the benefits and importance of our own locally owned community power organization, Silicon Valley Power.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact.

COORDINATION
This report has been coordinated with the City Attorney’s Office, City Manager’s Office, and the Mayor and Council Office.

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24-896 Agenda Date: 10/8/2024

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Public Power Week 2024 Proclamation
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City of SantaClara

WHEREAS, October 6-12 is Public Power Week, a week-long celebration of Silicon Valley Power’s year-round service to the City of Santa Clara; and

WHEREAS, the City of Santa Clara, places a high value on local choice over community services and therefore has chosen to operate a community-owned, not- for-profit electric utility and, as customers and owners of our electric utility, have a direct say in utility operations and policies; and

WHEREAS, Silicon Valley Power provides our homes, businesses, schools, social service and local government agencies with reliable, eff icient, and safe electricity employing sound business practices designed to ensure the best possible service at not-for-profit rates; and

WHEREAS, Silicon Valley Power is a valuable community asset that contributes to the well-being of local citizens through energy efficiency, customer service, environmental protection, economic development, and safety awareness; and

WHEREAS, Silicon Valley Power is a dependable and trustworthy institution whose local operation provides many consumer protections and continues to make our community a better place to live and work, and contributes to protecting the global environment.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the entire City Council, do hereby proclaim the first full week of October 2024 as
Public Power Week

in the City of Santa Clara, and recognizes that Silicon Valley Power will continue to bring low-cost, safe, reliable, and sustainable electricity to community homes and businesses as it has since 1896, and recognizes the people behind public power at Silicon Valley Power for their contributions to the community.

Given under my hand and the Seal of the City of Santa Clara, California, this 8th day of October 2024.

LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA

ANTHONY BECKER
VICE MAYOR, DISTRICT 6

KATHY WATANABE
COUNCILMEMBER, DISTRICT 1

RAJ CHAHAL
COUNCILMEMBER, DISTRICT 2

KAREN HARDY
COUNCILMEMBER, DISTRICT 3

KEVIN PARK
COUNCILMEMBER, DISTRICT 4

SUDS JAIN
COUNCILMEMBER, DISTRICT 5
Proclamation

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-314 Agenda Date: 10/8/2024

REPORT TO COUNCIL

SUBJECT
Action on the meeting minutes of the October 26, 2023 Special City Council Meeting (AB1234 Ethics Training) and Action on the meeting minutes of the June 25, 2024 Joint Council and Authorities Concurrent & Stadium Authority meeting

RECOMMENDATION
Approve the minutes of the October 26, 2023 Special City Council Meeting (AB1234 Ethics Training) meeting and the minutes of the June 25, 2024 Joint Council and Authorities Concurrent & Stadium Authority meeting.

City of Santa Clara Printed on 10/4/2024Page 1 of 1
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City of Santa Clara
Meeting Minutes
Special City Council Meeting
Draft
5:00 PM City Hall Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
10/26/2023
The City of Santa Clara is conducting a Special City Council meeting in a hybrid manner (in-person and virtually for viewing only).
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor calls for a Special Meeting of the City Council of the City of Santa Clara,to commence and convene on October 26, 2023, at 5:00 pm for a Special Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California.

How to Submit Written Public Comment Before City Council Meeting:

By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record.

NOTE: Please note Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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10/26/2023Special City Council Meeting Meeting Minutes
5:00 PM SPECIAL MEETING OF THE CITY COUNCIL

1. Call to Order in the Council Chambers

2. Roll Call
City Attorney Googins called the Special City Council meeting to order at 5:15 p.m.

City Attorney Googins noted for the record that there was a quorum of the City Council.

Councilmember Karen Hardy, Councilmember Kevin Park,
Councilmember Suds Jain, and Vice Mayor Anthony Becker

Present: 4 -
Councilmember Kathy Watanabe, Councilmember Raj Chahal, and Mayor Lisa M. Gillmor

Absent: 3 -

3. TRAINING

3.1 California's Open Meetings Laws and Ethics Requirements: Training and Discussions on Transparency and Good Conduct for Public Officials in Compliance with AB1234
Department: City Attorney
City Attorney Googins and Assistant City Attorney Klotz presented a Powerpoint presentation on California's Open Meetings Laws and Ethics requirements: Training and Discussions on Transparency and Good Conduct for Public Officials in Compliance with AB 1234.

Note for Attendees Seeking AB1234 Credit:

Must be present to receive AB1234 credit. Attendees must sign in with staff and be physically present for the duration of the training. Certificates will be issued upon adjournment.

RECOMMENDED ACTION:

Hear and participate in the training on California's open meeting laws (the Brown Act), ethics requirements, transparency, and good conduct for public officials led by City Attorney Googins and Assistant City Attorney Klotz.

4. ADJOURNMENT
The meeting was adjourned at 8:32 PM
The next regular scheduled meeting is on Tuesday, November 7, 2023 in the City Hall Council Chambers.

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10/26/2023Special City Council Meeting Meeting Minutes
STREAMING SERVICES: The public may view the meeting/training on Zoom and via livestream on the City’s YouTube channel or Facebook page.

Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may participate in-person.

Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes of the
Joint City Council and Authorities Concurrent
& Santa Clara Stadium Authority
Draft
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
06/25/2024
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx). eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.

2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email. NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Sana Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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06/25/2024Joint Council and Authorities Concurrent
& Stadium Authority Meeting
Meeting Minutes
Closed Session - 5:00 PM | Regular Meeting - 7:00 PM
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the Closed Session to order at 5:05 PM.

Confirmation of Quorum

1.A 24-605

1.B 24-196

1.C 24-632
Assistant City Clerk Pimentel confirmed a quorum.

Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: East of Loyalton and West of Cold Springs in Sierra and Lassen Counties, APN: 147-040-02-11, 147-050-02-11, 147-050-03-11, 147-05-19-11, 147-070-04-11, 147-070-05-11, 147-080-01-11, 147-080-03-11, 147-080-11-11, 147-080-14-11, 147-080-15-11, 021-010-003, 021-020-001, 016-100-004, 016, 090, 059, 021-010-006, 021-010-012, 016-100-005, 016-080-008, 016-070-012, 016-090-011, 021-010-013, 016-100-001, 016-100-006 and 016-080-007
City/Authority Negotiator: Jōvan D. Grogan, City Manager (or designee), Manuel Pineda, Glen R. Googins, City Attorney (or designee) Negotiating Parties: Washoe Tribe of Nevada and California; Feather River Land Trust
Under Negotiation: Purchase and Sale of Real Property (provisions, price and terms of payment)
Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
Melissa Lin Silva v. City of Santa Clara, et al., United States District Court, Northern District of California, Case No. 5:23-cv-02269 Conference with Legal Counsel-Anticipated Litigation
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Number of potential cases - 1
Public Comment
None.

Convene to Closed Session (Sparacino Conference Room)
Council convened to Closed Session at 5:07 PM.

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06/25/2024Joint Council and Authorities
Concurrent & Stadium Authority Meeting
Meeting Minutes
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 7:05 PM.

Pledge of Allegiance and Statement of Values
Roll Call
Council/Board recited the Pledge of Allegiance.

Council/Boardmember Park recited the Statement of Values.

Assistant City Clerk/Secretary Pimentel noted that Council/ Boardmember Hardy is participating from a remote location.

Council/Boardmember Hardy noted that the agenda is posted at her remote location and is accessible to the public.

Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Council/
Boardmember Kevin Park, Council/Boardmember Suds Jain, Vice Mayor/Chair Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 7 -
Assistant City Clerk/Secretary Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk/Secretary Pimentel also noted that any registered Lobbyist speaking during the Public Meeting will need to identify themselves and who they represent.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Council/Boardmember Park left the dais at 7:11 PM.

City Attorney Googins noted that there was no reportable action from Closed Session.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
None.

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SPECIAL ORDER OF BUSINESS

2.A 24-331

2.B 24-133

2.C 24-134

CONSENT CALENDAR
Recognition of Funds Raised to Benefit Local Programs from the 2023 Santa Clara Historic Home Tour
Mayor Gillmor, on behalf of the Council, recognized the funds raised to Benefit Local Programs from the 2023 Santa Clara Historic Home Tour.

Mayor Gillmor introduced Janet Stevenson (Chair, Santa Clara Historic Home Tour) provided comments and presented checks to the local programs receiving funding.

Proclamation of June 2024 as Portuguese National Heritage Month Mayor Gillmor, on behalf of the Council, proclaimed June 2024 as Portuguese National Heritage Month and introduced Sandra Avila (Secretary, S.E.S. Portuguese Hall) who provided a few comments.

Proclamation of July 2024 as Parks & Recreation Month
Mayor Gillmor, on behalf of the Council, proclaimed July 2024 as Parks & Recreation Month.

Acting Director of Parks and Recreation Bojorquez provided a PowerPoint Presentation.

Mayor Gillmor abstained from Item 3.L due to a conflict of interest as her office is near one of the worksites listed in the item.

Councilmember Jain abstained from Item 3.L due to a conflict of interest as his home is near one of the worksites listed in the item.

A motion was made by Vice Mayor/Chair Becker, seconded by Council/ Boardmember Chahal, to approve the Consent Calendar.

Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor
6 -
Off Dais: 1 - Council /Boardmember Park

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Stadium Authority Meeting
Meeting Minutes

3.A 24-11 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Governance and Ethics Committee - March 4, 2024
Board of Library Trustees - May 6, 2024
Cultural Commission - May 6, 2024
Planning Commission - May 22, 2024
Planning Commission - May 24, 2023
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to Note and file the Minutes of: Governance and Ethics Committee - March 4, 2024, Board of Library Trustees - May 6, 2024, Cultural Commission - May 6, 2024, Planning Commission - May 22, 2024, and Planning Commission - May 24, 2023.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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& Stadium Authority Meeting
Meeting Minutes

3.B 24-483 Action on Monthly Financial Status and Investment Reports for March and April 2024 and Approval of Related Budget Amendments
Recommendation: 1. Note and file the Monthly Financial Status and Monthly Investment Reports for March and April 2024 as presented; and

2. Approve the FY 2023/24 Budget Amendments in the following funds (as detailed in Attachment 5):
a. In the General Fund, with a net impact of $5,315,610; b. In the Cemetery Fund, with a net impact of $26,970;
c. In the Electric Utility Capital Fund, with a net impact of ($272,065,000);
d. In the Electric Utility Debt Service Fund, with a net impact of ($321,927,014);
e. In the Electric Utility Fund, with a net impact of $40,000,000; f. In the Endowment Care Fund, with a net impact of $26,500; g. In the Engineering Operating Grant Trust Fund, with a net impact of $279,147;
h. In the Expendable Trust Fund, with a net impact of $46,000; i. In the Fire Department Capital Fund, with a net impact of $0; j. In the Fire Development Services Fund, with a net impact of $133,027;
k. In the Fire Operating Grant Trust Fund, with a net impact of $95,113;
l. In the Fleet Maintenance and Operations Fund, with a net impact of $0;
m. In the Housing and Urban Development Fund, with a net impact of $13,012;
n. In the Parks and Recreation Capital Fund, with a net impact of $2,242,802;
o. In the Parks and Recreation Operating Grant Trust Fund, with a net impact of $5,000;
p. In the Patrick Henry Drive Infrastructure Improvement Fund, with a net impact of ($69,205);
q. In the Perpetual Care Fund, with a net impact of $470; r. In the Police Operating Grant Trust Fund, with a net impact of $41,000;
s. In the Prefunded Plan Review Fund, with a net impact of $62,000;
t. In the Public Buildings Capital Fund, with a net impact of $24,000;
u. In the Public Donations Fund, with a net impact of $14,620; v. In the Recycled Water Fund, with a net impact of $0; w. In the Related Santa Clara Developer Fund, with a net impact of $0;
x. In the Sewer Utility Capital Fund, with a net impact of $0; y. In the Solid Waste Capital Fund, with a net impact of ($244,000);

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& Stadium Authority Meeting
Meeting Minutes
z. In the Solid Waste Fund, with a net impact of $0;
aa. In the Streets and Highways Capital Fund, with a net impact of $104,938; and
bb. In the Water Utility Capital Fund, with a net impact of $0.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) note and file the Monthly Financial Status and Monthly Investment Reports for March and April 2024 as presented; and (2) approve the FY 2023/24 Budget Amendments in the following funds (as detailed in Attachment 5): [a] In the General Fund, with a net impact of $5,315,610; [b] In the Cemetery Fund, with a net impact of $26,970; [c] In the Electric Utility Capital Fund, with a net impact of ($272,065,000); [d] In the Electric Utility Debt Service Fund, with a net impact of ($321,927,014); [e] In the Electric Utility Fund, with a net impact of $40,000,000; [f] In the Endowment Care Fund, with a net impact of $26,500; [g] In the Engineering Operating Grant Trust Fund, with a net impact of $279,147; [h] In the Expendable Trust Fund, with a net impact of $46,000; [i] In the Fire Department Capital
Fund, with a net impact of $0; [j] In the Fire Development Services Fund, with a net impact of $133,027; [k] In the Fire Operating Grant Trust Fund, with a net impact of $95,113; [l] In the Fleet Maintenance and Operations Fund, with a net impact of $0; [m] In the Housing and Urban Development Fund, with a net impact of $13,012; [n] In the Parks and Recreation Capital Fund, with a net impact of $2,242,802; [o] In the Parks and
Recreation Operating Grant Trust
Fund, with a net impact of $5,000;[p] In the Patrick Henry Drive Infrastructure Improvement Fund, with a net impact of ($69,205); [q] In the Perpetual Care Fund, with a net impact of $470; [r] In the Police Operating Grant Trust Fund, with a
net impact of $41,000;
[s] In the Prefunded Plan Review Fund, with a net impact of $62,000; [t] In the Public Buildings Capital Fund, with a net impact of $24,000; [u] In the Public Donations Fund, with a net impact of $14,620; [v] In the Recycled Water Fund, with a net impact of $0; [w] In the Related Santa Clara Developer Fund, with a net impact of $0;
[x] In the Sewer Utility Capital Fund, with a net impact of $0; [y] In the Solid Waste Capital Fund, with a net impact of ($244,000); [z] In the Solid Waste Fund, with a net impact of $0; [aa] In the Streets and Highways Capital Fund, with a net impact of $104,938; and [bb] In the Water Utility Capital Fund, with a net impact of $0.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park
06/25/2024Joint Council and Authorities
Concurrent & Stadium Authority Meeting
Meeting Minutes

3.C 24-452 Action to Approve Payments to Shape, Inc., PAC Machine Company, and TrueBlue Automation Services for Lick Mill Storm Pump Station Emergency Pump Repairs and Rental Services, Related Budget Amendments, and Accept this Post-Emergency Report
Recommendation:

1. Approve estimated payment of $155,000 to TrueBlue Automation Services to diagnose and repair the pump controls at the Lick Mill SDPS;

2. Approve estimated payment of $325,000 to Shape, Inc. for emergency removal, diagnostics and repairs to pumps 2 and 3 at the Lick Mill SDPS;

3. Approve estimated payment of $205,000 to PAC Machine Company to supply temporary pumping capacity at the Lick Mill SDPS;

4. Approve the following FY 2023/24 budget amendments:

A. In the General Fund, establish a transfer to the Storm Drain Capital Fund and decrease the Budget Stabilization Reserve in the amount of $685,000 (five affirmative Council votes required for the use of unused balances) and
B. In the Storm Drain Capital Fund, recognize a transfer from the General Fund - Budget Stabilization Reserve and increase the Storm Pump Motor and Control Replacement Project in the amount of $685,000 (five affirmative Council votes required to appropriate additional revenue).

5. Note and file this Post-Emergency Report pursuant to Santa Clara City Code Section 2.105.260(c).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve estimated payment of $155,000 to TrueBlue Automation Services to diagnose and repair the pump controls at the Lick Mill SDPS; (2) approve estimated payment of $325,000 to Shape, Inc. for emergency removal, diagnostics and repairs to pumps 2 and 3 at the Lick Mill SDPS; (3) approve estimated payment of $205,000 to PAC Machine Company to supply temporary pumping capacity at the Lick Mill SDPS; (4) approve the following FY 2023/24 budget amendments: A. In the General Fund, establish a transfer to the Storm Drain Capital Fund and decrease the Budget Stabilization Reserve in the amount of $685,000 and B. In the Storm Drain Capital Fund, recognize a transfer from the General Fund - Budget Stabilization Reserve and increase the Storm Pump Motor and Control Replacement Project in the amount of $685,000; and (5) Note and file this Post-Emergency Report pursuant to Santa Clara City Code Section 2.105.260(c).

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -

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Off Dais: 1 - Councilmember Park
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Stadium Authority Meeting
Meeting Minutes

3.D 24-912 Action on the Appropriation of $166,774 in Asset Forfeiture Funds for FY 2024/25 and to Approve the Related Budget Amendment
Recommendation: 1. Approve the appropriation of Asset Forfeiture Funds in the amount of $166,774 pursuant to State and federal Regulations; and,

2. Approve the FY 2024/25 budget amendment in the Police Operating Grant Trust Fund to recognize seized asset funding in the amount of $166,774 and appropriate that funding to the Seized Asset Funding program in the amount of $166,774 (five affirmative Council votes required to appropriate additional revenue).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve the appropriation of Asset Forfeiture Funds in the amount of $166,774 pursuant to State and federal Regulations; and, (2) approve the FY 2024/25 budget amendment in the Police Operating Grant Trust Fund to recognize seized asset funding in the amount of $166,774 and appropriate that funding to the Seized Asset Funding program in the amount of $166,774.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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3.E 24-1587 Action to Partner with the County of Santa Clara on an Award of Funding from the California Department of Justice to Combat Tobacco Related Challenges in the Community Not to Exceed $27,680 and Approve the Related Budget Amendment
Recommendation:

1. Authorize the City Manager and/or Finance Director to sign any and all documents required to partner with the County of Santa Clara on a FY 2023/24 Tobacco Grant from the California Department of Justice in final forms approved by the City Attorney; and

2. Approve a FY 2023/24 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $27,680 and establish grant appropriations for the Tobacco Grant Program in the amount of $27,680 (five affirmative Council votes required to appropriate additional revenue).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) authorize the City Manager and/or Finance Director to sign any and all documents required to partner with the County of Santa Clara on a FY 2023/24 Tobacco Grant from the California Department of Justice in final forms approved by the City Attorney; and (2) approve a FY 2023/24 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $27,680 and establish grant appropriations for the Tobacco Grant Program in the amount of $27,6801; Authorize the City Manager and/or Finance Director to sign any and all documents required to partner with the County of Santa Clara on a FY 2023/24 Tobacco Grant from the California Department of Justice in final forms approved by the City Attorney; and (2) approve a FY 2023/24 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $27,680 and establish grant appropriations for the Tobacco Grant Program in the amount
of $27,680.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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3.F 24-372 Action on a Contract Between the County of Santa Clara and the City of Santa Clara to Provide a Senior Nutrition Congregate Meals Program and Related Budget Amendments
Recommendation:

1. Approve and authorize the City Manager to execute the Contract Between the County of Santa Clara and City of Santa Clara for the Senior Nutrition Congregate Meals Program in an amount not to exceed $139,872 for FY 2024/25 in a final form approved by the City Attorney; and

3. Approve the related FY 2024/25 budget amendments in the Parks and Recreation Operating Grant Trust Fund to increase the Other Agencies Revenue estimate by $14,954, decrease the Transfer from the General Fund by $5,594 and increase the Senior Nutrition Program appropriation by $9,360 (five affirmative Council votes required to appropriate additional revenue).

4. Approve the related FY 2024/25 budget amendments in the General Fund to decrease the Transfer to the Parks & Recreation Operating Grant Trust Fund and increase the General Fund Budget Stabilization Reserve by $5,594 (majority affirmative Council votes required).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute the Contract Between the County of Santa Clara and City of Santa Clara for the Senior Nutrition Congregate Meals Program in an amount not to exceed $139,872 for FY 2024/25 in a final form approved by the City Attorney; and (3) approve the related FY 2024/25 budget amendments in the Parks and Recreation Operating Grant Trust Fund to increase the Other Agencies Revenue estimate by $14,954, decrease the Transfer from the General Fund by $5,594 and increase the Senior Nutrition Program appropriation by $9,360; (4) approve the related FY 2024/25 budget amendments in the General Fund to decrease the Transfer to the Parks & Recreation Operating Grant Trust Fund and increase the General Fund Budget Stabilization Reserve by $5,594.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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3.G 24-519 Urgency Declaration and Action to Approve Expenditures of $563,103 and Ratify an Agreement with C2R Engineering for the Emergency Pavement Repair Project on Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way
Recommendation:

Deem the Emergency Pavement Repair Project at Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way an urgent necessity under section 1310 of the City Charter, because these roadways encounter frequent vehicular, bicycle, and pedestrian traffic and further delay in permanent repairs to the pavement along these streets would pose public health consequences and a threat to safety of residents and property, and ratify the agreement with C2R Engineering in the amount of $467,875 plus change orders in the amount of $68,228 for a total not-to-exceed amount of $536,103.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to deem the Emergency Pavement Repair Project at Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way an urgent necessity under section 1310 of the City Charter, because these roadways encounter frequent vehicular, bicycle, and pedestrian traffic and further delay in permanent repairs to the pavement along these streets would pose public health consequences and a threat to safety of residents and property, and ratify the agreement with C2R Engineering in the amount of $467,875 plus change orders in the amount of $68,228 for a total not-to-exceed amount of $536,103.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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3.H 24-472 Action on Amendments to Ten (10) Vendor Agreements for Recreational Programming Services in the Parks & Recreation Department for a revised not-to-exceed aggregate maximum compensation amount of $6,206,130, subject to budget appropriations, in final forms approved by the City Attorney.

Recommendation:

Authorize the City Manager to execute Amendments to the Agreements with the following ten (10) vendors to provide recreational programming services, in the respective not-to-exceed amounts and amended terms noted in this report, for a revised not-to-exceed aggregate maximum compensation amount of $6,206,130, subject to budget appropriations, in final forms approved by the City Attorney: 1) Kimberly Davey; 2) Guru’s Educational Services; 3) Joyful Melodies; 4) North American Youth Activities; 5) Anthony Janovich; 6) Nanogan Science & Services; 7) Sean Mendelson; 8) Josh Rubietta; 9) Linnea Sheehy; and 10) Southbay Youth Sports, Inc.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to authorize the City Manager to execute Amendments to the Agreements with the following ten (10) vendors to provide recreational programming services, in the respective not- to-exceed amounts and amended terms noted in the report, for a revised not-to-exceed aggregate maximum compensation amount of $6,206,130, subject to budget appropriations, in final forms approved by the City Attorney: 1) Kimberly Davey; 2) Guru’s Educational Services; 3) Joyful Melodies; 4) North American Youth Activities; 5) Anthony Janovich; 6) Nanogan Science & Services; 7) Sean Mendelson; 8) Josh Rubietta; 9) Linnea Sheehy; and 10) Southbay Youth Sports, Inc.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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3.I 24-1141 Action on Amendment No. 2 to the Agreement with Accela, Inc. to Purchase Additional Licenses for Land Management Software and Increase the Maximum Compensation by $235,872.25 for a Maximum Contract Compensation of $2,875,172.25 and Approve the Related Budget Amendment
Recommendation:

1. Authorize the City Manager, or his designee, to execute Amendment No. 2 to the Agreement with Accela, Inc. to purchase additional licenses for Land Management Software and increase the maximum
compensation by $235,872.25 for a maximum contract compensation of $2,875,172.25 in a final form approved by the City Attorney; and

2. Approve the FY 2024/25 budget amendment in the General Fund to increase the Non-Departmental appropriation in the amount of $76,045 and decrease the Technology Fee Reserve in the amount of $76,045 (five affirmative Council votes required for the use of unused balances).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) authorize the City Manager, or his designee, to execute Amendment No. 2 to the Agreement with Accela, Inc. to purchase additional licenses for Land Management Software and increase the maximum compensation by $235,872.25 for a maximum contract compensation of $2,875,172.25 in a final form approved by the City Attorney; and (2) approve the FY 2024/25 budget amendment in the General Fund to increase the Non Departmental appropriation in the amount of $76,045 and decrease the Technology Fee Reserve in the amount of $76,045.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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3.J 24-396 Action on Amendment No. 2 to the Agreement with NUVIS Landscape Architecture, Inc. for Design Professional Services for the Central Park New Entrance, Access, and Parking Improvements Project and Related Budget Amendments
Recommendation:

1. Approve and Authorize the City Manager to execute Amendment No. 2 to the Agreement with NUVIS Landscape Architecture, Inc. for the Central Park New Entrance, Access, and Parking Improvements Project in the amount not-to-exceed $576,727, in a final form approved by the City Attorney;

2. Authorize the City Manager to make minor modifications to the agreement, including time extensions, if needed; and

3. Approve the following FY 2023/24 budget amendments:

A. In the Parks and Recreation Capital Fund, increase the Central Park New Entrance, Access, and Parking Improvements Project by $172,727 and decrease the Mitigation Fee Act fund balance by the same amount (five affirmative Council votes required for the use of unused balances).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with NUVIS Landscape Architecture, Inc. for the Central Park New Entrance, Access, and Parking Improvements Project in the amount
not-to-exceed $576,727, in a final form approved by the City Attorney; (2) authorize the City Manager to make minor
modifications to the agreement, including time extensions, if needed; and (3) approve the following FY 2023/24 budget amendments: [A] In the Parks and Recreation Capital Fund, increase the Central Park New Entrance, Access, and Parking Improvements Project by $172,727 and decrease the Mitigation Fee Act fund balance by the same amount.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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3.K 24-191 Action on a Standard Agreement with the California Highway Patrol for Traffic Management and Law Enforcement Services Related to Levi’s Stadium Events
Recommendation:

Authorize City Manager to execute the Standard Agreement with the California Highway Patrol for traffic management and law enforcement services for Levi’s Stadium events, in an amount not to exceed $5,000,000 over a four-year term (July 1, 2024 - June 30, 2028).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to authorize the City Manager to execute the Standard Agreement with the California Highway Patrol for traffic management and law enforcement services for Levi’s Stadium events, in an amount not to exceed $5,000,000 over a four-year term (July 1, 2024 - June 30, 2028).

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

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3.L 24-528 Action on Authorizing the Use of City Electric Forces for Public Works Projects at Various Locations
Recommendation: 1. Determine the proposed action is exempt from CEQA pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at Winchester Boulevard at Market Street and Bellomy Street, Benton Street at Monroe Street, and Monroe Street to Bellomy Street are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

Mayor Gillmor abstained from this Item (3.L) due to a conflict of interest as her office is near one of the worksites listed in this item.

Councilmember Jain abstained from this Item (3.L) due to a conflict of interest as his home is near one of the worksites listed in this item.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) determine the proposed action is exempt from CEQA pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and (2) declare and determine in accordance with Section 1310 of the City Charter that the public works located at Winchester Boulevard at Market Street and Bellomy Street, Benton Street at Monroe Street, and Monroe Street to Bellomy Street are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, and Vice Mayor Becker
4 -
Abstained: Councilmember Jain, and Mayor Gillmor2 -
Off Dais: 1 - Councilmember Park

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3.M 24-563 Adopt a Resolution Accepting the California Department of Alcoholic Beverage Control Grant and Authorizing the City Manager to Execute Grant Related Documents and Approve the Related Budget Amendment Recommendation:

1. Adopt the Resolution accepting the California Department of Alcoholic Beverage Control Grant to be utilized to fund a variety of overtime assignments to curb alcohol-related challenges in our community, and authorizing the City Manager to execute all grant-related documents; and

2. Approve the FY 2024/25 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $75,381 and establish an Alcohol Policing Grant Partnership Grant 2024/25 appropriation in the amount of 75,381 (five affirmative Council votes required to appropriate additional revenue).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) adopt Resolution No. 24-9334 accepting the California Department of Alcoholic Beverage Control Grant to be utilized to fund a variety of overtime assignments to curb alcohol-related challenges in our community, and authorizing the City Manager to execute all grant-related documents; and (2) approve the FY 2024/25 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $75,381 and establish an Alcohol Policing Grant Partnership Grant 2024/25 appropriation in the amount of 75,381.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

3.N 24-620 Action to Adopt a Resolution Approving and Adopting the Updated Classified Salary Plan Effective July 7, 2024, to reflect the negotiated and City Council approved general wage increase for classifications represented by The Engineers of the City of Santa Clara.

Recommendation:

1. Adopt a Resolution to Approve the revised classified salary plan, to satisfy the requirements of California Code of Regulations Section 570.5, effective July 7, 2024.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to adopt Resolution No. 24-9335 to approve the revised classified salary plan, to satisfy the requirements of California Code of Regulations
Section 570.5, effective July 7, 2024.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -

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3.O 24-621 Adoption of a Resolution Calling and Giving Notice of a General Municipal Election to be held on Tuesday, November 5, 2024 for the Election of Four Councilmembers one for each Council District 1, 4, 5 and 6, Chief of Police and one City Clerk; and Requesting the Consolidation and Performance of Services from the County of Santa Clara Registrar of Voters of the Municipal Election with the Statewide Election; and Adopt Regulations for Candidate Statements of Qualifications Submitted to the Voters and Levying a Share of the Cost of the Candidates’ Statements Recommendation:

Adopt a Resolution Calling and Giving Notice of a of a General Municipal Election to be held on Tuesday, November 5, 2024 for the Election of Four Councilmembers one for each Council District 1, 4, 5 and 6, one Chief of Police and one City Clerk; Requesting the Consolidation and Performance of Services from the County of Santa Clara Registrar of Voters of the Municipal Election with the Statewide Election; and Adopt Regulations for Candidate Statements of Qualifications Submitted to the Voters and Levying a Share of the Cost of the Candidates’ Statements A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to adopt Resolution No. 24-9336 Calling and Giving Notice of a of a General Municipal Election to be held on Tuesday, November 5, 2024 for the Election of Four
Councilmembers one for each Council District 1, 4, 5 and 6, one Chief of Police and one City Clerk; Requesting the Consolidation and Performance of Services from the County of Santa Clara Registrar of Voters of the Municipal Election with the Statewide Election; and Adopt Regulations for Candidate Statements of Qualifications Submitted to the Voters and Levying a Share of the Cost of the Candidates’ Statements.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

3.P 24-623 Action on a Resolution Revising the Regular Meeting Date for the Parks & Recreation Commission to the Second Monday of the Month at 7:00 p.m.

Recommendation: Adopt a Resolution revising the Parks & Recreation Commission regular meeting date and time to the second Monday of each month at 7 p.m.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to adopt Resolution No. 24-9337 revising the Parks & Recreation Commission regular meeting date and time to the second Monday of each month at 7 p.m.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

3.Q 24-624 Action on Renewal of Friendship City Memorandum of Understanding between City of Santa Clara and Icheon City, Republic of Korea Recommendation: Approve a three-year Friendship City Relationship Memorandum of Understanding (MOU) with Icheon City, Republic of Korea, and authorize the Mayor to sign the MOU on behalf of the City of Santa Clara A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to approve a three-year Friendship City Relationship Memorandum of Understanding (MOU) with Icheon City, Republic of Korea, and authorize the Mayor to sign the MOU on behalf of the City of Santa Clara.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

3.R 24-455 Informational Report Regarding Bi-Annual Project Status Report of the GIS Services Program
Recommendation: Note and file the Bi-annual Status Report on the GIS Service Program.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to note and file the Bi-annual Status Report on the GIS Service Program.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Off Dais: 1 - Councilmember Park

SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR

4. 24-616 Action on Stadium Authority Bills and Claims for the Month of April 2024 Recommendation: Approve the list of Stadium Authority Bills and Claims for April 2024.

A motion was made by Vice Chair Becker, seconded by
Boardmember Chahal, to approve the list of Stadium Authority Bills and Claims for April 2024.

Aye:

Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Boardmember Jain, Vice Chair Becker, and Chair Gillmor 6 -
Off Dais: 1 - Boardmember Park

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PUBLIC PRESENTATIONS
Caller #2669 expressed comments regarding Councilmembers.

Sreeja Pavuluri invited Council to attend Bloom Energy's Valley Health Community Run and Walk event.

Edward Strine expressed comments regarding Former President Trump and increased crime in California.

CONSENT ITEMS PULLED FOR DISCUSSION
None.

PUBLIC HEARING/GENERAL BUSINESS

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5. 24-120 Action and Direction on the Re-opening of the George F. Haines International Swim Center (ISC) for Temporary Use with a Maximum Occupancy of 200 people
Recommendation:

It is recommended that the City Council:

1. Remove from further consideration the option for a temporary, modular pool solution; and

2. Direct staff to continue the closure of the ISC and authorize the City Manager to take all necessary steps to ensure the safety and security of the site, including draining and covering the pools, pending the development of a permanent, new facility.

City Manager Grogan made some opening remarks and introduced Acting Parks and Recreation Director Bojorquez who gave a PowerPoint presentation on the action and direction on the re-opening of the George F. Haines International swim Center (ISC) for Temporary Use with a Maximum Occupancy of 200 people.

Council questions followed.

Councilmember Park returned to the dais at 8:10 PM.

Acting Parks and Recreation Director Bojorquez and City Manager Grogan addressed Council questions and comments.

Public Comments: Vikas Gupta
Julie Corrigan
Linda
Additional Council questions followed.

Acting Parks and Recreation Director Bojorquez and City Manager Grogan addressed Council questions and concerns.

A motion was made by Councilmember Watanabe, seconded by Vice Mayor Becker, to (1) pursue a temporary reopening of the International Swim Center for an estimated cost of $1,860,000 in one-time cost; (2) an additional costs $53,955 in ongoing annual costs for showers; (3) there would not be a continued cost for porta-potties as the North and South restrooms facilities have been approved for a reopening with park access; (4) remove Myrtha temporary modular pool consideration; and (5) direct staff to develop a plan for the County of Santa Clara on when the International Swim Center can reopen.

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6.A 24-322 Public Hearing: Action on Adoption of the Proposed FY 2024/25 & FY 2025/26 Biennial Capital Improvement Program Budget, Approval of FY 2024/25 Operating Budget Amendments, and Adoption of the FY 2024/2025 Housing Authority Budget, and Sports and Open Space Authority Budget Recommendation: That the City Council, and the City Council acting as the Governing Boards of the Housing Authority and the Sports and Open Space Authority take the following actions:

1. Approve the Proposed FY 2024/25 and FY 2025/26 Biennial Capital Budget, including the recommended revisions, as detailed in Attachment 2;

2. Approve the FY 2024/25 Operating Budget changes included in the recommended revisions, as detailed in Attachment 2;

3. Approve the Appropriation Schedule for capital funds totaling $567,807,159 in FY 2024/25 and $358,945,656 in FY 2025/26 and the FY 2024/25 Appropriation Schedule for operating funds totaling $1,494,223,189, as detailed in Attachment 3;

4. Approve the Housing Authority FY 2024/25 expenditure budget of $468,931 as presented in the Proposed Budget; and

5. Approve the Sports and Open Space Authority FY 2024/25 expenditure budget of $10,200 as presented in the Proposed Budget.

Director of Finance Lee gave a PowerPoint presentation on the Public Hearing of Adoption of the proposed FT 2024/25 and FY 2025/26 Biennial Capital Improvements program budget and FY 2024/25 Operating Budget changes and for Item 6.B establishing the City's fiscal year 2024/25 appropriations limit.

Council questions followed.

Director of Finance Lee responded to Council questions.

Public Comment: David Mooso
Mayor Gillmor also opened the Public Hearing: Action Establishing the City's Fiscal Year 2024/25 Appropriations Limit of $651,370,972 Pursuant to Article XIIIB of the California State Constitution (Item 6.B).

A motion was made by Vice Mayor Becker, seconded by Councilmember Jain, to close the Public Hearing on Item 6.A and 6.B.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Nay: 1 -
Councilmember Hardy
Mayor Gillmor called for a recess at 9:30 PM and reconvened the meeting at 9:44 PM.

6. FISCAL YEAR 2024/25 AND FY 2025/26 BUDGET ACTION ITEM 06/25/2024Joint Council and Authorities Concurrent
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
A motion was made by Vice Mayor Becker to approve staff recommendation for both 6A and 6B, with the inclusion of the full funding of $825,000 for the Lawn Bowl Club facility and allocate $100,000 for Rainbow crosswalk in specific locations.

Councilmember Jain requested to amend the motion to fully fund the Lawn Bowl Club at $1 Million Dollars which already has a contingency built into it, allocate $100,000 for the Rainbow Crosswalks, and to add $200,000 to fully fund the reopening of the International Swim Center.

Vice Mayor Becker accepted the request.

Council comments followed.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, that the City Council acting as the Governing Boards of the Housing Authority and the Sports and Open Space Authority take the following actions: to (1) approve the Proposed FY 2024/25 and FY 2025/26 Biennial Capital Budget, including the recommended revisions, as detailed in Attachment 2; (2) approve the FY 2024/25 Operating Budget changes included in the recommended revisions, as detailed in Attachment 2; (3) approve the Appropriation Schedule for capital funds totaling $567,807,159 in FY 2024/25 and $358,945,656 in FY 2025/26 and the FY 2024/25 Appropriation Schedule for operating funds totaling $1,494,223,189, as detailed in Attachment 3; (4) approve the Housing Authority FY 2024/25 expenditure budget of $468,931 as presented in the Proposed Budget; and (5) approve the Sports and Open Space Authority FY 2024/25 expenditure budget of $10,200 as
presented in the Proposed Budget; (6) with the inclusion of the full funding of $1 million for the Lawn Bowl Club facility; (7) allocate $100,000 for rainbow crosswalk in specific locations; and (8) to fully fund the reopening the International Swim Center.

Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Nay: Councilmember Watanabe1 -

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6.B 24-484 Action Establishing the City's Fiscal Year 2024/25 Appropriations Limit of $651,370,972 Pursuant to Article XIIIB of the California State Constitution Recommendation: Adopt a Resolution Establishing the City's Fiscal Year 2024/25 Appropriations Limit of $651,370,972 Pursuant to Article XIIIB of the California State Constitution.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to adopt Resolution No. 24-9338 Establishing the City's Fiscal Year 2024/25 Appropriations Limit of $651,370,972 Pursuant to Article XIIIB of the California State Constitution.

Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Nay: Councilmember Watanabe1 -

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7. 24-537 Action Authorizing the City Manager to Negotiate and Execute Agreements with Westlands Grape, LLC to Purchase Resource Adequacy Capacity up to $34 Million Annually from the Westlands Grape Battery Storage Project for Silicon Valley Power’s Compliance Obligations
Recommendation:

1. Authorize the City Manager or designee to negotiate and execute an agreement (Agreement) with Westlands Grape, LLC for the purchase of resource adequacy capacity on the terms presented subject to review and approval as to form by the City Attorney;

2. Authorize the City Manager or designee to execute all documents, agreements, and certificates as may be required under the terms of the Agreement, subject to the review and approval as to form of the City Attorney, including, but not limited to, collateral assignment agreements, estoppel certificates, and performance security documentation, and take any and all actions as are necessary or advisable to implement and administer the Agreement; and

3. Authorize the City Manager or designee to (a) execute any amendments so long as there is no change to price or length of the Agreement; and (b) exercise an option for additional resource adequacy capacity in accordance with the terms of the Agreement and subsequently amend the Agreement to reflect the adjusted contract quantity, subject to appropriation of funds and review and approval as to form of the City Attorney.

Chief Electric Utility Officer Pineda gave a PowerPoint presentation authorizing the City Manger to negotiate and execute agreements with Westlands Grape, LLC to purchase resource adequacy capacity up to $34 million annually from the Westlands Grape Battery Storage Project.

Council questions followed.

Chief Electric Utility Officer Pineda responded to Council questions.

There was no Public Comment.

Additional Council questions
followed.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to (1) authorize the City Manager or designee to negotiate and execute an agreement (Agreement) with Westlands Grape, LLC for the purchase of resource adequacy capacity on the terms presented subject to review and approval as to form by the City Attorney; (2) authorize the City Manager or designee to execute all documents, agreements, and certificates as may be required under the terms of the Agreement, subject to the review and

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approval as to form of the City Attorney, including, but not limited to, collateral assignment agreements, estoppel certificates, and performance security documentation, and take any and all actions as are necessary or advisable to implement and administer the Agreement; and (3) authorize the City Manager or designee to (a) execute any amendments so long as there is no change to price or length of the Agreement; and (b) exercise an option for additional resource adequacy capacity in accordance with the terms of the Agreement and subsequently amend the Agreement to reflect the adjusted contract quantity, subject to appropriation of funds and review and approval as to form of the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

8. 24-642
Action on a Council Written Request (Council Policy 030) Submitted by Mayor Gillmor and Councilmember Watanabe Requesting to Place on the Agenda at a Future Council Meeting the Santa Clara County Civil Grand Jury Report Titled “Irreconcilable Differences: Santa Clara City Council” for a Public Discussion, the Findings, and possible Council Action Recommendation:

Staff makes no recommendation.

Mayor Gillmor and Councilmember Watanabe provided comments on their Written Request.

Council questions followed.

City Attorney Googins addressed Council questions.

Council comments followed.

Public Comment: Wanda Buck
City Manager Grogan provided additional comments.

A motion was made by Councilmember Watanabe, seconded by Vice Mayor Becker, to agendize the Written Request on the July 9, 2024 Council and Authorities Concurrent meeting agenda.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS Councilmember Watanabe reported on her attendance at the American Public Power Assocation Conference along with Mayor Gillmor in San Diego and expressed comments on Chief Electric Utility Officer Pineda's presentation at the Conference.

Councilmember Park reported on his attendance at the AAPI Conference hosted by Police Athletic League (PAL) and expressed comments of discussions on shared experiences with other groups.

Councilmember Hardy reported not attending the last Council meeting as she was on the Hetch Hetchy Tour to better understand water source.

Mayor Gillmor reported on her attendance at the American Public Power Association Conference and noted how well known the City of Santa Clara is known for Silicon Valley Power and expressed comments regarding discussions on wildfires.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The meeting was adjourned at 11:07 PM.

A motion was made by Vice Mayor/Chair Becker, seconded by Council/Boardmember Chahal, to adjourn the meeting.

Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor 7 -
The next regular scheduled meeting is on Tuesday, July 9, 2024 in the City Hall Council Chambers.

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& Stadium Authority Meeting
Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-18 Agenda Date: 10/8/2024

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Audit Committee - February 28, 2024
Audit Committee - March 21, 2024
Audit Committee - September 3, 2024
Bicycle & Pedestrian Advisory Commission - June 17, 2024 Parks & Recreation Commission - August 12, 2024
Senior Advisory Commission - August 19, 2024
Station Area Task Force - May 16, 2024
Station Area Task Force - July 25, 2024
City of Santa Clara Printed on 10/4/2024Page 1 of 1
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City of Santa Clara
Meeting Minutes
Audit Committee
Draft
11:00 AM Hybrid Meeting
Council Conference Room/Virtual
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
02/28/2024
The City of Santa Clara is conducting the Audit Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

Join from a PC, Mac, iPad, iPhone or Android device:

Please click this URL to join: https://santaclaraca.zoom.us/j/99199624617 Webinar ID: 991 9962 4617
Or join by phone:

US: +1 669 900 6833

CALL TO ORDER AND ROLL CALL
Chair Watanabe called the meeting to order at 11:05 AM.

Kathy Watanabe, Suds Jain, and Kevin ParkPresent 3 -

CONSENT CALENDAR

1. 24-162 Audit Committee Minutes
Recommendation: Approve the Audit Committee minutes of November 27, 2023.

A motion was made by Member Jain, seconded by Member Park, to approve the Audit Committee minutes of November 27, 2023. The motion carried by the following vote:

Aye: Watanabe, Jain, and Park3 -

PUBLIC PRESENTATIONS
None.

GENERAL BUSINESS

Page 1 ends

02/28/2024Audit Committee Meeting Minutes

2. 24-163 Overview of the Single Audit Report for Fiscal Year Ended June 30, 2023 Recommendation: Accept the Single Audit Report for Fiscal Year Ended June 30, 2023 and recommend that the reports are forwarded to note and file to the full Council at the March 19, 2024 Council and Authorities Concurrent meeting.

Director of Finance, Kenn Lee, gave a short introduction.

Auditor Grace Zhang, Maze & Associates, gave a PowerPoint presentation.

Committee Members' questions and comments followed.

Auditor Zhang, Housing & Community Services Division Manager, Adam Marcus, Assistant Director of Community Development, Reena Brillot, and Assistant Finance Director, Linh Lam, addressed the Committee Members' questions.

A motion was made by Member Jain, seconded by Member Park, to accept the Single Audit Report for Fiscal Year Ended June 30, 2023 and recommend that the reports are forwarded to note and file to the full Council at the March 19, 2024 Council and Authorities Concurrent meeting. The motion carried by the following vote:

Aye: Watanabe, Jain, and Park3 -

ADJOURNMENT
Chair Watanabe adjourned the meeting at 11:35 AM.

A motion was made by Member Jain, seconded by Member Park, to adjourn the meeting. The motion carried by the following vote:

Aye: Watanabe, Jain, and Park3 -
Future Audit Committee Meetings will be scheduled at a later date.

MEETING DISCLOSURES

Page 2 ends

02/28/2024Audit Committee Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 3 ends

City of Santa Clara
Meeting Minutes
Audit Committee
Draft
9:00 AM Hybrid Meeting
Council Conference Room/Virtual
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
03/21/2024
The City of Santa Clara is conducting the Audit Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

Join from a PC, Mac, iPad, iPhone or Android device:

Please click this URL to join: https://santaclaraca.zoom.us/j/99199624617 Webinar ID: 991 9962 4617
Or join by phone:

US: +1 669 900 6833

CALL TO ORDER AND ROLL CALL
Chair Watanabe called the meeting to order at 9:11 AM.

Chair Kathy Watanabe, Member Suds Jain, and Member Kevin ParkPresent 3 -

CONSENT CALENDAR

1. 24-303 Audit Committee Minutes
Recommendation: Approve the Audit Committee minutes of November 15, 2023.

A motion was made by Member Park, seconded by Member Jain, to approve the Audit Committee Minutes of November 15, 2023.

Aye: Chair Watanabe, Member Jain, and Member Park3 -

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS

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03/21/2024Audit Committee Meeting Minutes

2. 24-299 Overview of the Annual Citywide Risk Assessment and Proposed 2024-2025 Audit Work Plan
Recommendation: Accept the results of the citywide risk assessment report from Baker Tilly US, LLP and approve the prioritized proposed 2024-2025 audit work plan, and recommend that these reports be forwarded for note and file to the full Council at a future Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Auditor, Chiemi Perry, Baker Tilly US, LLP, gave a Powerpoint presentation.

Audit Manager, David Noce, and Auditor Perry addressed the Committee Members’ questions.

Chair Watanabe stepped out at 9:38 AM and returned at 9:39 AM.

Committee Members’ questions and comments continued.

A motion was made by Member Jain, seconded by Member Park, to do audit on PCARDS, Public Safety overtime, and to see if SVP is amendable to pay for SVP cybersecurity, and request a budget amendment to add additional funds for a Parks and Recreation audit.

Aye: Member Jain, and Member Park2 -
Nay: Chair Watanabe1 -

ADJOURNMENT
The meeting was adjourned at 10:26 AM.

Future Audit Committee Meetings will be scheduled at a later date.

MEETING DISCLOSURES

Page 2 ends

03/21/2024Audit Committee Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 3 ends

City of Santa Clara
Meeting Minutes
Audit Committee
Draft
9:00 AM Hybrid Meeting
Council Conference Room/Virtual
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
09/03/2024
The City of Santa Clara is conducting the Audit Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

Join from a PC, Mac, iPad, iPhone or Android device:

Please click this URL to join: https://santaclaraca.zoom.us/j/99199624617 Webinar ID: 991 9962 4617
Or join by phone:

US: +1 669 900 6833

CALL TO ORDER AND ROLL CALL
Chair Watanabe called the meeting to order at 9:07 AM.

Chair Kathy Watanabe, Member Suds Jain, and Member Kevin ParkPresent 3 -

CONSENT CALENDAR

1. 24-797 Audit Committee Minutes
Recommendation: Approve the Audit Committee minutes of February 28, 2024.

Item was deferred and no action can be taken until the next Audit Committee Meeting.

PUBLIC PRESENTATIONS

GENERAL BUSINESS

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09/03/2024Audit Committee Meeting Minutes

2. 24-798 Overview of Santa Clara Stadium Authority Fiscal Year 2023/24 Annual Financial Statements and Audit Results Presentation by KPMG, LLP Recommendation: Accept the Santa Clara Stadium Authority Fiscal Year 2023/24 Annual Financial Statements and recommend that the Stadium Authority note and file the report at the September 10, 2024 Joint Council and Authorities Concurrent and Stadium Authority meeting.

Treasurer, Kenn Lee gave a PowerPoint presentation.

Committee Members' questions and comments followed.

Treasurer Lee addressed the Committee Members' questions.

Auditors, Jamie Cavin and Alex Pfeiffer, KPMG, LLP gave an introduction and PowerPoint presentation.

Committee Members' questions and comments throughout KPMG's presentation.

Treasurer Lee, Executive Director Jovan Grogan, Auditor Cavin, and Assistant Finance Director, Linh Lam addressed the Committee Members' questions.

Chief Assistant City Attorney, Sujata Reuter stated to that no action can be taken on the two items and will be deferred until the next meeting.

Item was deferred and no action can be taken until the next Audit Committee Meeting.

ADJOURNMENT
Chair Watanabe adjourned the meeting at 10:15 AM.

Future Audit Committee Meetings will be scheduled at a later date.

MEETING DISCLOSURES

Page 2 ends

09/03/2024Audit Committee Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 3 ends

City of Santa Clara
Meeting Minutes
Bicycle & Pedestrian Advisory Committee
Draft
4:00 PM Hybrid Meeting
City Hall Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95051
06/17/2024
Special Meeting
The City of Santa Clara is conducting the Bicycle and Pedestrian Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).
• Via Zoom:
https://santaclaraca.zoom.us/j/95582744643
Meeting ID: 955 8274 4643 or

Phone: 1 (669) 900-6833
1 CALL TO ORDER AND ROLL CALL
Chair Hardy called the meeting to order at 4:30 pm.

Committee Member Megas attended the meeting remotely pursuant to AB 2449 "Just cause" due to illness. To ensure a meeting quorum at the City Hall Council Chambers, Committee Member Jenaro attended the meeting remotely as a member from the public.

Chair Karen Hardy, Member Perry Penvenne, Member Betsy Megas, Member Sukrit Ganesh, Member Ken Kratz, and Member Guillermo Jenaro
Present 6 -
Vice Chair Sudhanshu Jain, Member Bruce Donoghue, Member Ashish Joshi, and Member Stephen Clark Seninger
Absent 4 -
A motion was made by Member Ganesh and seconded by Member Penvenne to Approve to Excuse Members Seninger and Jenaro.

The motion carried by the following vote:

Page 1 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 - 2 PUBLIC PRESENTATIONS
Video: [00:05:15]
Edmund Drozek commented on the San Tomas Aquino Creek Trail and Agnew Road crossing that it was dangerous for cyclists to cross and travel through. He also asked the City to escalate any planned improvements and asked if there was any police report at this location.

Tom Granvold commented on two upcoming legislature bills regarding the placement of Class III bike lanes and asked the City to look into a new type of street sweeper to be used to clean bikeways. He also commented that there are smaller emergency and fire engine vehicles, which allows tehm to access narrower streets.

Diane Harrison asked for clarification on Member Jenaro's remote participation location.

Gavin Achtemeier requested an update on the installed traffic calming measures on Rivermark Parkway in the Public Works verbal update. 3 CONSENT CALENDAR
A. 24-403 Bicycle and Pedestrian Advisory Committee Meeting Minutes of April 1, 2024 (Chair Hardy)
Recommendation: Approve the Bicycle and Pedestrian Advisory Committee Meeting Minutes of April 1, 2024.

Video: [00:15:30]
Member Kratz made an amendment to the April 1 meeting minutes to clarify that the second motion of item 7B did not pass.

A motion was made by Member Kratz and seconded by Member Penvenne to Approve the consent calendar as amended. The motion carried by the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 - 4 REPORTS FOR COMMITTEE INFORMATION
A. 24-404 Police Verbal Update (Wilson)
Video: [00:18:20]
Officer Ernst provided an update on two recent bicycle and pedestrian-involved collisions, one at Homestead Road and Quince Avenue, and another collision at San Tomas Expressway and Pruneridge Avenue.

Committee comments and questions followed.

Officer Ernst addressed Committee questions.
5 REPORTS OF SPECIAL COMMITTEES
A. 24-405 Subcommittee on Police Collision History (Donoghue, Kratz) Video: [00:21:30]
Member Kratz provided an update about developing a collision map and asked for more information from Police Department on the collision reports.

Officer Ernst addressed Committee questions.

Public Speakers: C. Norvak, Lloyd Cha, Gabby Landaveri, Gavin Achtemeier
6 REPORTS FOR COMMITTEE INFORMATION (CONTINUED)

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A. 24-406 Public Works Verbal Update (Liw/Chan)
Video: [00:36:45]
Transportation Manager Chan provided an update on recent project activities in the Department of Public Works.

Committee comments and questions followed regarding the Silicon Valley Hopper program operations and the construction activities taking place at the Great America Parkway/Mission College Boulevard intersection.

Transportation Manager Chan addressed Committee questions.

Public Speakers: Edmund Drozek, Gabby Landaveri, Gavin Achtemeier B. 24-407 Valley Transportation Authority Bicycle and Pedestrian Advisory Committee Meetings Update (Megas)
Video: [00:49:10]
Member Megas provided an update to the Committee related to the VTA BPAC meetings in April, May, and June.

Committee comments and questions followed.

Member Megas addressed Committee questions.

Public Speaker: Diane Harrison

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
C. 24-408 Stevens Creek Boulevard Vision Study Community Advisory Group Update (Penvenne)
Video: [01:05:00]
Member Penvenne provided an update on the Stevens Creek Boulevard Vision Study and the project group bike ride.

Committee comments and questions followed.

Member Penvenne and Public Works Assistant Director Liw addressed Committee questions.

Public Speaker: Diane Harrison
D. 24-409 Santa Clara Station Area Task Force Update (Ganesh) Video: [01:16:28]
Member Ganesh provided an update on the Santa Clara Station Area Task Force.

Committee comments and questions followed.

Member Ganesh addressed Committee questions.

Public Speaker: Diane Harrison

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
E. 24-410 Grant Activity Verbal Update (Shariat)
Video: [01:33:00]
Principal Transportation Planner Shariat provided an update on recent grant activities.

Committee comments and questions followed.

Principal Transportation Planner Shariat, Public Works Assistant Director Liw, and Senior Civil Engineer Garcia addressed Committee questions.

Public Speakers: Diane Harrison, Gavin Achtemeier
F. 24-412 De La Cruz Boulevard, Lick Mill Boulevard, and Scott Boulevard Bicycle Improvements Project (Garcia)
Video: [01:52:00]
Senior Civil Engineer Garcia presented information on the De La Cruz, Lick Mill, Scott Boulevard Bicycle Improvement project.

Committee comments and questions followed.

Senior Civil Engineer Garcia addressed Committee questions.

Public Speakers: Tom Granvold, Gavin Achtemeier, Edmund Drozek G. 24-473 Complete Streets Review for the Creek Trail Pavement Maintenance and Rehabilitation - Phase 1 Project (Chan)
Video: [02:15:00]
Transportation Manager Chan presented information on the Complete Streets review for the Creek Trail Pavement Maintenance and Rehabilition - Phase 1 project.

Committee comments and questions followed.

Transportation Manager Chan addressed Committee questions.

Public Speaker: Diane Harrison

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
7 REPORTS FOR COMMITTEE ACTION

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A. 24-413 Action to Recommend City Council Adoption of the Benton Street Bikeway Planning Study and Approval of a Preferred Concept (He) Recommendation: Alternative 1: Recommend to City Council to adopt a resolution adopting the Benton Street Bikeway Planning Study; and
Select one of the following for Benton Street 60-foot-wide typical section between Dunford Way and Lawrence Expressway:

Alternative 3: Recommend City Council approve the No Build Option as the preferred alternative;
or
Alternative 4: Recommend City Council approve Concept G (Two Lanes, Buffered Bike Lanes, Parking on Both Sides) as the preferred alternative.

Select one of the following for Benton Street 64-foot-wide typical section between Lawrence Expressway and San Tomas
Expressway:

Alternative 5: Recommend City Council approve the No Build Option as the preferred alternative;
or
Alternative 6: Recommend City Council approve Concept A (Two lanes, center turn lane, and buffered bike lanes) as the preferred alternative; or
Alternative 7: Recommend City Council approve Concept B (Two lanes, center turn lane, and parking-protected bikeways) as the preferred alternative;
or
Alternative 8: Recommend City Council approve Concept C (Four lanes, parking removal on south side of Benton Street, and buffered bike lanes) as the preferred alternative.

Select one of the following for Benton Street 38-foot-wide typical section between Maryann Drive and Lincoln Street:

Alternative 9: Recommend City Council approve the No Build Option as the preferred alternative;
or
Alternative 10: Recommend City Council approve Concept D (Bicycle boulevard) as the preferred alternative;
or
Alternative 11: Recommend City Council approve Concept E (Buffered bike lanes, parking removal on both sides) as the preferred alternative; or
Alternative 12: Recommend City Council approve Concept F (Bike lanes, parking removal on north side of Benton Street) as the preferred alternative.

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
Video: [02:33:00]
Mr. Knowles from Alta Planning & Design presented the proposed bikeway design concepts and final public draft report for the Benton Street Bikeway Planning Study.

Committee comments and questions followed regarding traffic calming measures on Benton Street and parking removal impacts.

Public Speakers: Tom Granvold, Gary, C. Novak, Monique, Gita, Melissa MacIntosh, Peter Grilli, Marshall, Jim Meyer, Edward, Gavin Achtemeier, Diane Harrison, Joyce, Charlotte, Charles, Tom, Christian, Dib, Mike A motion was made by Member Ganesh and seconded by Member Penvenne to Recommend the City Council to adopt a resolution adopting the Benton Street Bikeway Planning Study. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 - A motion was made by Member Megas and seconded by Member Ganesh to select Alternative 4: Recommend City Council approve Concept G (Two Lanes, Buffered Bike Lanes, Parking on Both Sides) as the preferred alternative for Benton Street 60-foot-wide typical section between Dunford Way and
Lawrence Expressway. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 -

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A motion was made by Member Ganesh and seconded by Member Penvenne to select Alternative 7: Recommend City Council approve Concept B (Two lanes, center turn lane, and parking protected bikeways) for Benton Street 64-foot-wide typical section between Lawrence Expressway and San Tomas Expressway. The motion failed by the following vote:

Aye: Member Penvenne, and Member Ganesh2 -
Nay: Chair Hardy, Member Megas, and Member Kratz3 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 - A motion was made by Member Kratz and seconded by Member Ganesh to select Alternative 6: Recommend City Council approve Concept A (Two lanes, center turn lane, and buffered bike lanes) for Benton Street 64-foot-wide typical section between Lawrence Expressway and San Tomas Expressway. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 -

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06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A motion was made by Member Penvenne and seconded by
Member Megas to select Alternative 10: Recommend City Council approve Concept D (Bicycle Boulevard) as the preferred alternative for Benton Street 38-foot-wide typical section between Maryann Drive and Lincoln Street. Member Kratz requested a friendly amendment to add to the motion to include speed humps as the traffic calming measure for this section. Member Penvenne rejects the friendly amendment. Member Megas requested a friendly amendment to add the words, "effective traffic calming" to the motion. Member Penvenne accepted the friendly motion. The revised motion to select Alternative 10: Recommend City Council approve Concept D (Bicycle Boulevard) with effective traffic calming as the preferred alternative for Benton Street 38-foot-wide typical section between Maryann Drive and Lincoln Street, failed with the following vote:

Aye: Chair Hardy, Member Penvenne, and Member Megas3 -
Nay: Member Ganesh, and Member Kratz2 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 - A motion was made by Member Ganesh to select Alternative 12:

Recommend City Council approve
Concept F (Bike lanes, parking removal on north side of Benton Street) as the preferred alternative for Benton Street 38 foot wide typical section between Maryann Drive and Lincoln Street, but failed for lack of second.

Page 11 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
B. 24-415 Action to Recommend City Council Adoption of the Monroe Street Bikeway Planning Study Report and Approval of a Preferred Concept (Garcia) Recommendation: Alternative 1: Recommend to City Council to adopt a resolution adopting the Monroe Street Bikeway Planning Study; and
Select one of the following:

Alternative 3: Recommend City Council approve the No Build Option as the preferred alternative;
or
Alternative 4: Recommend City Council approve Concept A (Two lanes, center turn lane, and buffered bike lanes) as the preferred alternative; or
Alternative 5: Recommend City Council approve Concept B (Two lanes, center turn lane, and parking-protected bike lanes) as the preferred alternative;
or
Alternative 6: Recommend City Council approve Concept C (Four lanes, parking removal on south side of Monroe Street, and buffered bike lanes) as the preferred alternative.

Video: [04:39:00]
Mr. Knowles from Alta Planning & Design presented the proposed bikeway design concepts and final public draft report for the Monroe Street Bikeway Planning Study.

Committee comments and questions followed.

Mr. Knowles addressed Committee questions.

Public Speakers: Tom Granvold and Gavin Achtemeier
A motion was made by Member Penvenne and seconded by
Member Ganesh to Recommend the City Council to adopt a
resolution adopting the Monroe Street Bikeway Planning Study. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 -

Page 12 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A motion was made by Member Kratz and seconded by Member Megas to select Alternative 4: Recommend City Council approve Concept A (Two lanes, center turn lane, and buffered bike lanes) as the preferred alternative. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 -

Page 13 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
C. 24-416 Action to Recommend City Council Adoption of the De La Cruz Boulevard/Coleman Avenue Bikeway Planning Study and Approval of a Preferred Concept (Shariat)
Recommendation: Alternative 1: Recommend to City Council to adopt a resolution adopting the De La Cruz Boulevard/Coleman Avenue Bikeway Planning Study; and Select one of the following:

Alternative 3: Recommend City Council approve the No Build Option as the preferred alternative;
or
Alternative 4: Recommend City Council approve Concept A (includes more one-way Class IV bike lanes) as the preferred alternative; or
Alternative 5: Recommend City Council approve Concept B (includes more two-way cycle tracks) as the preferred alternative.

Video: [05:00:15]
Mr. Dankberg from Kimley-Horn Associates presented the proposed bikeway design concepts and final public draft report for the De La Cruz Boulevard/Coleman Avenue Bikeway Planning Study.

Committee comments and questions followed.

Mr. Dankberg addressed Committee questions.

Public Speaker: Gavin Achtemeier
A motion was made by Member Penvenne and seconded by
Member Ganesh to Recommend the City Council to adopt a
resolution adopting the De La Cruz Boulevard/Coleman Avenue Bikeway Planning Study. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 -

Page 14 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A motion was made by Member Kratz and seconded by Member Penvenne to select Alternative 5: Recommend City Council approve Concept B (includes more two way cycle tracks) as the preferred alternative. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 -

Page 15 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
D. 24-417 Action to Recommend City Council Adoption of the Walsh/Martin Avenue Bikeway Planning Study and Approval of a Preferred Concept (He) Recommendation: Alternative 1: Recommend to City Council to adopt a resolution adopting the Walsh/Martin Avenue Bikeway Planning Study; and
Select one of the following for Walsh Avenue 80-foot-wide typical section between Bowers Avenue and 64-foot-wide Transition:

Alternative 3: Recommend City Council approve the No Build Option as the preferred alternative;
or
Alternative 4: Recommend City Council approve Proposed Concept (Class IV Bikeway, Four Lanes and Center Turn Lane) as the preferred alternative.

Select one of the following for Walsh Avenue 64-foot-wide typical section between Transition and Lafayette Street:

Alternative 5: Recommend City Council approve the No Build Option as the preferred alternative;
or
Alternative 6: Recommend City Council approve Concept A (Class IV Bikeway, four travel lanes with no parking) as the preferred alternative; or
Alternative 7: Recommend City Council approve Concept B (Class IV Bikeway, four travel lanes, remove parking on south side from Martin Avenue to Lafayette Street) as the preferred alternative; or
Alternative 8: Recommend City Council approve Concept C (Class IV Bikeway, two travel lanes with center turn lane, parking on both sides from Martin Avenue to Lafayette Street) as the preferred alternative.

Select one of the following for Martin Avenue 64-foot-wide typical section between Lafayette Street and De La Cruz Boulevard:

Alternative 9: Recommend City Council approve the No Build Option as the preferred alternative;
or
Alternative 10: Recommend City Council approve Concept D (Class IV Bikeway, four travel lanes with no parking) as the preferred alternative; or
Alternative 11: Recommend City Council approve Concept E (Class IV Bikeway, four travel lanes, remove parking on south side from Lafayette Street to De La Cruz Blvd) as the preferred alternative; or
Alternative 12: Recommend City Council approve Concept F (Class IV Bikeway, two travel lanes with center turn lane, parking on both sides) as the preferred alternative.

Page 16 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
Video: [05:46:30]
Ms. Juriwala from TJKM Transportation Consultants presented the proposed bikeway design concepts and final public draft report for the Walsh/Martin Avenue Bikeway Planning Study.

Committee comments and questions followed.

Ms. Juriwala addressed Committee questions.

Public Speakers: Tom Granvold and Diane Harrison
A motion was made by Member Ganesh and seconded by Member Penvenne to Recommend the City Council to adopt a resolution adopting the Walsh/Martin Avenue Bikeway Planning Study. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 - A motion was made by Member Ganesh and seconded by Member Penvenne to select Alternative 4: Recommend City Council approve Proposed Concept (Class IV Bikeway, Four Lanes and Center Turn Lane) as the preferred alternative for Walsh Avenue 80-foot-wide typical section between Bowers Avenue and 64-foot-wide
Transition. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 -

Page 17 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A motion was made by Member Ganesh and seconded by Member Penvenne to select Alternative 6: Recommend City Council approve Concept A (Class IV Bikeway, four travel lanes with no parking) as the preferred alternative for Walsh Avenue 64-foot-wide typical section between Transition and Lafayette Street. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 - A motion was made by Member Kratz and seconded by Member Ganesh to select Alternative 10: Recommend City Council approve Concept D (Class IV Bikeway, four travel lanes with no parking) as the preferred alternative for Martin Avenue 64-foot-wide typical section between Lafayette Street and De La Cruz Boulevard. The motion carried with the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Ganesh, and Member Kratz
5 -
Excused: Member Seninger, and Member Jenaro2 -

Absent: Vice Chair Jain, Member Donoghue, and Member Joshi3 - 8 REPORTS OF SPECIAL COMMITTEES (CONTINUED)
A. 24-419 Subcommittee on Bicycle Story Maps (Megas and Penvenne) No update provided.

B. 24-420 Subcommittee on Bike to Shop Day (Megas, Kratz, and Harrison) Video: [05:57:00]
Diane Harrison provided an update on the Bike to Shop Day.

C. 24-421 Subcommittee on Roundabouts (Megas, Ganesh, and Kratz) Member Kratz provided an update on the Subcommittee on Roundabouts.

Page 18 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
9 ANNOUNCEMENTS
No announcements.
10 ADJOURNMENT
The meeting was adjourned at 11:15pm.

The next regular scheduled meeting will be on Monday, August 26, 2024 at 4:00 PM.

Page 19 ends

06/17/2024Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 20 ends

City of Santa Clara
Meeting Minutes
Parks & Recreation Commission
Draft
7:00 PM Hybrid Meeting
Cafeteria - City Hall East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
08/12/2024
The City of Santa Clara is conducting the Parks & Recreation Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).

Via Zoom:
https://santaclaraca.zoom.us/j/91316665755
Meeting ID: 913 1666 5755
Or join by phone: 669-900-6833

CALL TO ORDER AND ROLL CALL
Chair Hai called the meeting to order at 7:02 PM.

Commissioner Dana Caldwell, Vice Chair Maureen Chu,
Commissioner Eversley Forte, Commissioner Derek DeMarco, Chair Sajid Hai, and Commissioner Vikas Gupta
Present 6 -
Commissioner Brittany RickettsAbsent 1 -

CONSENT CALENDAR

1.A 24-723 Action on the Parks & Recreation Commission Minutes of the July 8, 2024 Meeting
Recommendation:

Approve the Parks & Recreation Commission Minutes of the July 8, 2024 Meeting.

Commissioner Chu made a motion, seconded by Commissioner Gupta to recommend approval of the July 8, 2024 Parks & Recreation Commission Minutes as amended, to indicate that a motion was made by Commissioner Forte to approve the
subcommittee for Work Plan Goal D for Item 2.

Aye: Commissioner Caldwell, Vice Chair Chu, Commissioner Forte, Commissioner DeMarco, Chair Hai, and Commissioner Gupta 6 -

Absent: Commissioner Ricketts1 -

Page 1 ends

08/12/2024Parks & Recreation Commission Meeting Minutes

PUBLIC PRESENTATIONS
An email was sent to the Parks & Recreation Commission mailbox recommending expanding pickleball play in the City by dual lining existing courts for pickeball and tennis at Henry Schmidt Park.

Robert Savinsky spoke to the Parks & Recreation Commission regarding underground utility locating services.

GENERAL BUSINESS

Page 2 ends

08/12/2024Parks & Recreation Commission Meeting Minutes

2. 24-26 Discussion and Action on the Proposed Goals, Timeline and Outreach Process for the Parks and Recreation Master Plan Process Recommendation: It is recommended that the Commission:

1. Provide feedback on the proposed community engagement process;

2. Provide feedback on the five questions noted in the discussion section of this report related to a vision, desired outcome(s) and critical issues to be addressed as part of the Parks and Recreation Master Plan Process; and

3. Note and file the report.

The Commission provided feedback to the consultant regarding as follows:

1. Vision
--Sustainable Parks & Recreation system
--Break the cycle of deferred maintenance
--Long-term establishment of high-quality recreation programs --Well-supported and focused Master Plan that clearly establishes priorities --Build on connectivity between the park and trail system, including creeks --Placemaking and the interaction between parks and the environment

2. Reevaluate/Explore Funding Sources
--Partnerships (school district, corporations, etc.)
--Consider a parks foundation
--Grants
--Understand residents' ability and/or willingness to pay for parks and recreation

3. More Emphasis on Recreation
--Recreation programs and facilities are just as important as parks --City programming and recreation facilities may be expanded to meet the needs of an expanding and increasingly diverse community

4. Community Engagement
--Strong desire to hear from a diverse array of community members --Suggested strategies include: QR codes at parks with a survey, postcards or business cards for door-to-door engagement, using social media such as NextDoor, Email blasts to recreation participants, design workshop for individual parks, etc.

Commissioner Gupta made a motion, seconded by Commissioner Chu to note and file the report on the Parks and Recreation Master Plan.

Aye: Commissioner Caldwell, Vice Chair Chu, Commissioner Forte, Commissioner DeMarco, Chair Hai, and Commissioner Gupta 6 -

Page 3 ends

08/12/2024Parks & Recreation Commission Meeting Minutes

Absent: Commissioner Ricketts1 -

STAFF REPORT
Assistant City Manager/Acting Director Cynthia Bojorquez reported that Therie Velasco-Gonzales had accepted a new position with the Public Works Department. Staff and the Commission acknowledged and congratulated Therie and wished her the best in her future position.

Ms. Bojorquez also reported that due to vacancies, that two out-of-class assignments had been made in the Parks Division to keep the department working seamlessly. Grant Wieler is working out of class as a Parks Manager for the southern region while Lupe Fuentes (Parks Manager) is on assignment as Cemetery Manager.

A concert in Central Park was scheduled for Friday, August 16, 2024 . There be an update on the Magical Bridge Playground ribbon cutting soon. The City is currently awaiting equipment to arrive at the site for installation. Art & Wine Festival planning is in motion for this year’s festival.

A Request for Proposals (RFP) for re-plastering the ISC has been issued.

Responses to the RFP are due in September.

Page 4 ends

08/12/2024Parks & Recreation Commission Meeting Minutes

COMMISSIONERS REPORT
Commissioner Caldwell:

Visited Westwood Oaks Park and was impressed with the recent renovations to the park. He engaged with several members of the public while visiting Westwood Oaks Park. They all had extremely positive feedback on the recent renovations. He noticed over the past few weeks there has been quite a bit of alcohol consumption at the park as evidenced by a large amount of beer bottle caps left onsite. Commissioner Caldwell reported that increase Police patrolling has helped to remedy the situation.

Commissioner Chu:

Attended the Westwood Oaks Park ribbon cutting and was very impressed with the transformation of the park. She visited the new Magical Bridge All-Inclusive Playground to see the progress. She can’t wait to have the new playground open for the community. She attended Shakespeare in the Park at Sanborn Park and had a great time at the event.

Commissioner DeMarco:

Recently received a link to the Parks Visitation QR Code questionnaire and can access the link to enter information about park site visits, etc. He brought up a potential mechanical issue with a swing at Westwood Oaks Park, which staff will check on. He spoke with a member of the public who wished there were more native plants onsite, and another who expressed the need for more shade in the park. He visited Montague Park and gave a great review of the newly renovated park and amenities.

Commissioner Forte:

Attended the Street Dance as well as the ribbon cutting at Westwood Oaks Park. He was contacted by a Commissioner of the Cultural Commission with an update on the Korean Multicultural Event they were planning for next year as part of an existing event. Due to the scheduling of other City events, the Cultural Commission will be submitting a proposal to create a separate Korean Multicultural Event. Scheduling is still to be determined and will be presented to City Council for review.

Commissioner Gupta:

Attended the Westwood Oaks ribbon cutting and enjoyed the event. “It Looks really good!” He did receive some public feedback. One park patron spoke about how he missed the tall trees. He also Visited Homeridge Park and mentioned that he would like to see creek access from Homeridge Park to Central Park in the future.

Chair Hai:

Visited Westwook Oaks Park recently after the renovations. He particularly liked the new group spinner playground apparatus. He is very pleased with the updates to the park. He also visited and enjoyed Jenny Strand Park. Chair Hai is very excited about the new Parks Master Plan.

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08/12/2024Parks & Recreation Commission Meeting Minutes

ADJOURNMENT
Commissioner Forte made a motion, seconded by Commissioner Gupta to adjourn the Parks & Recreation Commission Meeting at 9:02 PM until the next regular meeting on September 16, 2024 at 7:00 PM.

Aye: Commissioner Caldwell, Vice Chair Chu, Commissioner Forte, Commissioner DeMarco, Chair Hai, and Commissioner Gupta 6 -

Absent: 1 - Commissioner Ricketts

Page 6 ends

08/12/2024Parks & Recreation Commission Meeting Minutes The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final.

Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability- related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 7 ends

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Senior Advisory Commission
Draft
5:00 PM Hybrid Meeting
Santa Clara Senior Center
Room 205
1303 Fremont Street
Santa Clara, CA 95050
08/19/2024
The City of Santa Clara is conducting the Senior Advisory Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).

Via Zoom:
https://santaclaraca.zoom.us/j/97590069803
Meeting ID: 975 9006 9803
Or join by phone: 669-900-6833

CALL TO ORDER AND ROLL CALL
The regular meeting was called to order by Chair Drozek at 5:03 p.m.

Chair Edmund Drozek, Vice Chair Tom Freitas, Commissioner Judy Hubbard, Commissioner Veena Sterling, Commissioner Rick Andrews, Commissioner Maria Vaz, and Commissioner Srinivasan Manivannan
Present 7 -

CONSENT CALENDAR

1. 24-675 Review and Approve the Senior Advisory Commission Minutes of June 24, 2024
Recommendation:

Approve the Senior Advisory Commission Minutes of June 24, 2024 A motion was made by Commissioner Hubbard, seconded by
Commissioner Andrews, to approve the minutes of June 24, 2024.

The motion carries with the following vote.

Aye:

Chair Drozek, Vice Chair Freitas, Commissioner Sterling, Commissioner Andrews, Commissioner Manivannan, and
Commissioner Hubbard
6 -
Abstained: Commissioner Vaz1 -

Page 1 ends

08/19/2024Senior Advisory Commission Meeting Minutes

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS

Page 2 ends

2. 24-677 Senior Advisory Commission FY 2024/25 Work Plan & Goals Discussion The Commission began brainstorming possible goals and various activities for the Commission Work Plan FY2024/25. They will continue their discussion at the September 23, 2024 meeting.

Brainstorming session topics:

Economics and Employment
- Encourage older adults to apply for employment opportunities at the Senior Center
- Promote employment for older adult s
Community
- Accessibility for older adults in or at City activities or events Housing
- Learn what is the difference between low income and affordable housing
- Provide a presentation for community (resources)
- Learn what criteria are required when building an older adult living facility?
Outdoor Spaces and Buildings
- Publicize activities for older adult
- Croquet
- Cornhole
- Bocce Ball
- Local museums
- Senior Center happenings
- Game tables at parks
Transportation and Streets
- Learn about:
• Bicycle lane
• Crosswalk
• Signal light timing
• Signage
• BPA
• Curb-cut
Health, Wellness, and Nutrition
- Publicize food distribution point
- Free meal s
08/19/2024Senior Advisory Commission Meeting Minutes
Social and Civic Engagement
- Publicize computer classes
• Presentations about social engagement
• Engage with Santa Clara Women’s League
• Music opportunities

Page 3 ends

Access to Community Resources and Information
- Be involved in screening Exhibitors at the Health & Wellness Fair - Educational presentations about resources

3. 24-676 Review the 2017 Senior Needs Assessment, Provide Input on Survey Content and Develop an Outreach Plan to Conduct a New Community Survey in 2024
Recommendation: Review the Senior Needs Assessment and provide feedback on content

STAFF REPORT
and outreach efforts to be incorporated into the development of a 2024 survey.

The Commission reviewed the changes to the draft survey and provided additional changes for staff. Staff will make recommended changes and provide an updated survey at the September 23, 2024 meeting.

Recreation Manager Kimberly Castro informed the Commission that the Parks & Recreation Master Plan outreach has begun and there will be a booth at the Art and Wine Festival on Saturday, September 14.

Recreation Supervisor Herb shared the following:
- The Senior Center BBQ will be on Thursday, August 22 from 12 - 1 p.m - The Senior Center Ice Cream Social will be on Wednesday, August 2 from 11 a.m. - 1 p.m.

COMMISSIONERS REPORT
Commissioner Vaz inquired about resources for un-housed individuals looking for showers and restrooms.

ADJOURNMENT
A motion was made by Commissioner Vaz, seconded by Vice Chair Freitas that the meeting be adjourned at 7:02 p.m.

Aye: Chair Drozek, Vice Chair Freitas, Commissioner Sterling, Commissioner Andrews, Commissioner Vaz, Commissioner
Manivannan, and Commissioner Hubbard
7 -
08/19/2024Senior Advisory Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability- related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 5 ends

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Station Area Task Force
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
05/16/2024
The City of Santa Clara is conducting the Station Area Task Force in a hybrid manner, in-person and a method for the public to participate remotely:

Via Zoom:
https://santaclaraca.zoom.us/j/86001666538
Meeting ID: 860 0166 6538
or
By Phone: 1(669) 900-6833

CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:03 pm by SATF Staff Liaison Tiffany Vien
Member Jonathon Evans, Member Dan Ondrasek, Member Patricia Leung, Member Rob Mayer, Member Sean Collins, Member Dylan Plane, Member Michael Stockwell, Member Ray Hashimoto and Member Sukrit Ganesh
Present 11 -
Member Candida Diaz, and Member Jill HoughAbsent 2 -

CONSENT CALENDAR
A motion was made by SATF Member Stockwell, seconded by SATF Member Hashimoto to excuse Commissioner Diaz.

Aye: Member Evans,Member Ondrasek, Member Leung, Member Mayer, Member Collins, Member Plane, Member Stockwell, Member
Hashimoto and Member Ganesh
11 -
Excused: Member Diaz1 -

Absent: Member Hough1 -

Page 1 ends

05/16/2024Station Area Task Force Meeting Minutes

GENERAL BUSINESS

1. 24-518 Santa Clara Station Area Specific Plan Project Introduction & Review of Existing Conditions Report
Recommendation: There is no staff recommendation.

Associate Planner Tiffany Vien provided the Staff Presentation.

WRT Consultants provide a presentation.

Public Speaker:

James Viso

PUBLIC PRESENTATIONS
Donna West provided a Public Presentation.

ADJOURNMENT
A motion was made by SATF Member Leung, seconded by SATF Member Ganesh to adjourn the meeting.

The meeting adjourned at 8:16 pm.

Aye: Member Evans, Member Ondrasek, Member Leung, Member Mayer, Member Collins, Member Plane, Member Stockwell, Member
Hashimoto and Member Ganesh
11 -
Excused: Member Diaz1 -

Absent: Member Hough1 -

MEETING DISCLOSURES

Page 2 ends

05/16/2024Station Area Task Force Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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City of Santa Clara
Special Meeting
Minutes Station Area
Task Force
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
07/25/2024
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the undersigned calls for a Special Meeting of the Station Area Task Force of the City of Santa Clara, to commence and convene on Thursday, July 25, 2024, at 6:00 pm for a Special Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California and via Zoom, to consider the following matter(s) and to potentially take action with respect to them. he City of Santa Clara is conducting the Station Area Task Force in a hybrid manner, in-person and a method for the public to participate remotely:

Via Zoom:
https://santaclaraca.zoom.us/j/86001666538
Meeting ID: 860 0166 6538
or
By Phone: 1(669) 900-6833

CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:02 pm by Staff Liaison Tiffany Vien.

SATF Member Hashimoto participated remotely.

Member Jonathon Evans, Member Dan Ondrasek, Member
Patricia Leung, Member Candida Diaz, Member Rob Mayer,
Member Sean Collins, Member Jill Hough, Member Dylan Plane, Member Michael Stockwell, Member Ray Hashimoto, Member
Sukrit Ganesh, and Member
Present 11 -

CONSENT CALENDAR
No items.

PUBLIC PRESENTATIONS
None.

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07/25/2024Station Area Task Force Meeting Minutes

GENERAL BUSINESS

1. 24-725 Training on the Brown Act and Political Reform Act Chief Assistant City Attorney Sujata Reuter provided the Staff Presentation.

2. 24-739 Opportunities and Constraints Exploration
Recommendation: There is no staff recommendation.

A presentation was provided by WRT Consultants.

Public Speakers:

Mary Grizzle
Donna West
SATF Member Hashimoto left the meeting at 7:45 pm

3. 24-726 Election of a Station Area Task Force Chair and Vice Chair Recommendation: There is no staff recommendation.

A discussion took place with all Task Force Members and a roll call vote was taken with all Task Force Members voting in favor to elect Patricia Leung as SATF Chair and Sukrit Ganesh as SATF Vice Chair.

A motion was made that this item be Aproved. The motion carried by the following vote:

Aye: Member Evans, Member Ondrasek, Member Leung, Member Diaz, Member Mayer, Member Collins, Member Hough, Member Plane, Member Stockwell, Member Hashimoto, Member Ganesh, 11 -

ADJOURNMENT
The meeting adjourned at 8:36 pm

Aye: Member Evans, Member Ondrasek, Member Leung, Member Diaz, Member Mayer, Member Collins, Member Hough, Member Plane, Member Stockwell, Member Hashimoto, Member Ganesh, 11-

MEETING DISCLOSURES

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07/25/2024Station Area Task Force Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-795 Agenda Date: 10/8/2024

REPORT TO COUNCIL

SUBJECT
Action on Award of Purchase Orders to CD & Power and Odyssey Power for Citywide Stationary Generator Services

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Department of Public Works (DPW) and the Water & Sewer Utilities Department (WSUD) provide service and maintenance for 55 emergency standby generators throughout the City. The departments utilize a contractor to perform annual performance testing and maintenance procedures recommended by the National Fire Protection Association (NFPA) Standards for Emergency and Standby Power Systems. The contractor also assists with repairs identified during the annual performance testing and maintenance service, as well as emergency repairs on an as-needed basis.

Typical repairs include standby generator systems such as engines, emissions, controls, fueling, cooling, and battery systems. Proactive performance testing and maintenance of emergency standby generators enhance their efficiency and reliability in the event of an emergency. DPW has managed scheduled generator maintenance for both departments under a blanket purchase order with Odyssey Power, which has now expired.

DISCUSSION
Pursuant to City of Santa Clara Code Section 2.105.140(d), a formal Request for Bids (RFB) was conducted as the solicitation method for this procurement, with the award going to the lowest responsive and responsible bidder(s).

In May 2024, staff published the RFB for Citywide Stationary Generator Services using the City’s e- procurement platform. Bidders were required to submit pricing for annual generator inspections, hourly rates, and percentage markup for materials. Seven responsive bids were received. The lowest bid was determined by the total of the following: 1) the total rate for the annual generator services, 2) the product of the hourly rates for as-needed repairs and DPW’s estimated annual usage, and 3) the product of the markup percentage for miscellaneous materials and DPW’s estimated annual amount.

The estimated total bid amount for each bidder is listed below.

Bidder Name Total Bid Amount
CD & Power $152,600
Odyssey Power $155,750
Collicutt Energy $164,107
PowerGen Inc. $186,219
State Electric Generator $203,378
Bay City Electric Works $232,276
Western Machinery Electric $291,125
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Bidder Name Total Bid Amount
CD & Power $152,600
Odyssey Power $155,750
Collicutt Energy $164,107
PowerGen Inc. $186,219
State Electric Generator $203,378
Bay City Electric Works $232,276
Western Machinery Electric $291,125
To ensure service availability, staff recommends awarding Purchase Orders (POs) to both CD & Power as the primary contractor and Odyssey Power as the secondary contractor, as they are the lowest responsive and responsible bidders. Given the critical infrastructure supported under this contract, CD & Power will handle as much of the service and repair work as possible, while Odyssey Power will be utilized only if the primary contractor is unavailable.

The compensation under each PO will consist of a fixed fee for maintenance services and time-and- materials basis for as-needed repairs. Annual maintenance fees and hourly rates will be fixed for the initial one-year term. The total aggregate amount for the POs is $167,860 (including a contingency of $15,260), which is based on historical data and projected workload over a one-year period. After the initial term, price adjustments may be considered if sufficiently substantiated by the vendor and approved by the City. In addition, there are four one-year options to extend the term of the POs for a total of five years, assuming all options are exercised. Staff estimates that an additional $750,000 will be needed for services during the extended term, bringing the total maximum compensation to $917,860. Prevailing wages are included in the purchase orders.

ENVIRONMENTAL REVIEW
The action being considered is exempt for the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.

FISCAL IMPACT
The aggregate amount to be paid to the contractors for generator services during the initial one-year term of the purchase orders shall not exceed $167,860, which includes a contingency of $15,260.

Funding for this contract is accounted for and included in the Fleet Operations Fund Annual Operating Budget.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.

RECOMMENDATION

1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title of California Code of Regulations;

2. Authorize the City Manager to execute Purchase Orders with CD & Power and Odyssey Power for City of Santa Clara Printed on 10/4/2024Page 2 of 3
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stationary generator services, with a total aggregate maximum compensation not-to-exceed $167,860 for an initial one-year term starting on or around October 7, 2024, and ending on or around October 31, 2025, subject to the appropriation of funds, in final forms approved by the City Attorney; and

3. Authorize the City Manager to exercise up to four additional one-year options to extend the term of the Purchase Orders through October 31, 2029, adjust pricing consistent with applicable market indices, and increase the maximum compensation by an additional $750,000 for a total aggregate maximum compensation not to exceed $917,860, in final forms approved by the City Attorney.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-77 Agenda Date: 10/8/2024

REPORT TO COUNCIL

SUBJECT
Action on Agreements with Various Consultants to Provide Plan Check Review and Field Inspection Consulting Services for Department of Public Works Development and Utility Permitting Projects

COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources

BACKGROUND
The Department of Public Works (DPW) utilizes third-party consultants to assist with plan check review and field inspection services for development and utility permitting projects. The use of outside consultants and contract services helps manage workload demand resulting from surges in activity and position vacancies within the department.

This strategy allows the City to continue delivering efficient and high quality customer service to the community in a timely manner. Additional resources are currently needed to address workload and perform after-hours inspections for development and utility permitting projects.

DISCUSSION
In compliance with Chapter 2.105 of the City Code and applicable laws of the State of California, a formal request for Statement of Qualifications (SOQ) was issued, with the award recommendation based on demonstrated competence and qualifications for the type of services to be performed and at fair and reasonable prices.

The SOQ solicited proposals from consultants for both plan check review and field inspection services. Proposers had the option of submitting proposals for one or both services. On May 27, 2024, the SOQ was published on the City’s e-procurement platform. The SOQ was viewed by 29 members, including consultants, plan rooms, and builder exchanges, among others. Additional firms were able to view the SOQ as members of various plan rooms and builder exchanges. Staff also provided direct notifications to firms who had viewed similar projects in the past or were known to provide the requested services.

The City received a total of six proposals in response to the SOQ, as shown in Table 1 below.

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Table 1
List of Firms and Proposed Services
# Firm Proposed Services
Plan
Check
Field
Inspectio
n
1 Bureau Veritas North America (Sacramento, CA) X X
2 CSG Consultants, Inc. (Foster City, CA) X X
3 Interwest Consulting Group, Inc. (Pleasanton, CA) X X 4 SNG and Associates, Inc. (Pleasanton, CA) X X
5 Builders Protection Group, Inc. (Lomita, CA) X
6 Zoon Engineering (Emeryville, CA) X
A proposal review panel, consisting of staff from the Department of Public Works’ Field Services and Land and Property Development divisions, evaluated each proposal against the criteria set forth in the RFQ including responsiveness to the SOQ, experience of the firm, staff qualifications, staff availability, project approach, and customer references. Based on the panel’s evaluation, staff recommends awarding agreements for plan check services and field inspection services to CSG Consultants, Inc. and Interwest Consulting Group, Inc. Additionally, staff recommends awarding an agreement for field inspection services to Zoon Engineering.

Staff recommends the approval of three, three-year agreements, each with an initial not-to-exceed amount of $300,000, for a total aggregate amount of $900,000. Having three available consulting firms to select from allows the City flexibility in assigning work in case firms do not have adequate resources or cannot respond quickly enough. Actual work will be issued via task orders pursuant to the terms of the agreements.

Staff also requests City Manager authority to exercise up to two one-year extensions for each agreement and amend the not-to-exceed amounts for each agreement, as long as the cumulative aggregate total compensation for all three agreements does not exceed $900,000. The agreements include prevailing wage requirements.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b)(4) in that it is a fiscal activity that does not involve commitment to a specific project which may result in potential significant impact on the environment.

FISCAL IMPACT
These agreements are funded by developer deposits in the General Fund. There is no additional cost to the City other than administrative staff time and expense as developers and utility companies deposit funds for services provided under these agreements. Companies requesting expedited plan review and/or field inspection services are required to deposit a starting sum of $20,000, which will be drawn down to compensate the consultant (on a time and materials basis) for plan review and/or City of Santa Clara Printed on 10/4/2024Page 2 of 3
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field inspection services. Companies may be required to deposit additional funds on an as-needed basis depending on the scope of work being requested. After completion of all work, unused funds will be returned to the developer(s). Adjustments to the Department’s revenue and expenditure budgets to recognize and appropriate the developer deposits will be brought forward as needed through the Monthly Financial Status Report process.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager or designee to execute agreements with CSG Consultants, Inc. and Interwest Consulting Group, Inc. for plan check review and field inspection services, and with Zoon Engineering for field inspection services, in support of Development and Utility Permitting Projects, for initial three-year terms starting on or around November 1, 2024 and ending on or around November 30, 2027, with a maximum compensation not to exceed $300,000 for each agreement, in final forms approved by the City Attorney; and

2. Authorize the City Manager or designee to take any actions as necessary to implement and administer the above agreements and to negotiate and execute amendments to (a) exercise up to two one-year extensions and (b) adjust the amounts, provided that the total aggregate compensation across all three agreements does not exceed $900,000, subject to the appropriation of funds and in final forms approved by the City Attorney.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Agreement with CSG Consultants, Inc.

2. Agreement with Interwest Consulting Group, Inc.

3. Agreement with Zoon Engineering
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Agreement with CSG Consultants, Inc.

Rev. 07-01-18

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EBIX Insurance No. S200005452

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
CSG CONSULTANTS, INC.

PREAMBLE

This Agreement is entered into between the Ci ty of Santa Clara, California, a chartered California municipal corporat ion (City) and CSG CONSULTANTS, INC., a California corporation(Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure th e services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses, and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the term s and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum (if applicable)
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the Agreement with CSG Consultants, Inc.

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event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall commence as of the Effective Date of the Agreement and terminate on November 30, 2027. The Effective Date shall be the date the City executes this Agreement.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based.

Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Three Hundred Thousand Dollars ($300,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

Agreement with CSG Consultants, Inc.

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7. TERMINATION
Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.

Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

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12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contra ctor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other Agreement with CSG Consultants, Inc.

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agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Public Works Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]

And to Contractor addressed as follows:

CSG Consultants, Inc.
3150 Almaden Expressway, Suite 255
San Jose, CA 95118
Attention:

Nourdin Khayata
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given. An e- mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

Agreement with CSG Consultants, Inc.

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18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter

2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section

3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered.

Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

Agreement with CSG Consultants, Inc.

Rev. 07-01-18

Page 7 ends

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form:

Dated:

GLEN R. GOOGINS
City Attorney

JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

CSG CONSULTANTS, INC.
a California corporation

Dated:

By (Signature):

Name: Nourdin Khayata
Title: Vice President
Principal Place of
Business Address:
3150 Almaden Expressway, Suite 255, San
Jose, CA 95118
Email Address: [email protected]
Telephone: (408) 618-8300
Fax: (888) 618-8310
“CONSULTANT”
8-23-2024
Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Rev. 07-01-18
Page

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

GENERAL:

Consultant shall communicate and coordinate with the City review team and report to the designated City representative.

Consultant shall meet with City, other third-party consultant(s), developers, and their design consultants.

Consultant shall review developers’ plans specific to their proposed service area (see Section 3 below).

Consultant shall review plan revisions as they are submitted to the City for approval during construction, and provide plan check review comments, recommendations, and action items summaries.

Consultant shall inspect developers’ public and private improvements.

Consultant shall provide construction management as required.

2. SERVICE AREAS:

2.1 Consultant shall review developers’ public improvement plans by utilizing efficient use of the public right-of-way and utility easements and constructability; provide plan check review comments, recommendations, and action items summary, this also includes reviewing plan revisions as they are submitted to the City for approval during construction.

2.2 Consultant shall review plan and profile underground storm drain and sanitary sewer systems, including positions of manholes; laterals; catch basins; cleanouts; and related facilities.

2.3 Consultant shall review plans for conflicts and inclusion of underground joint trench and other public utilities (gas, telecom, etc.) and inspection.

2.4 Consultant shall review developers’ on-site drainage plans and calculations as they relate to the off-site storm drain system, including verification by model.

2.5 Consultant shall provide structural review of bridges, foundations, footings, retaining walls, including geotechnical reports etc., including any necessary quality insurance on special inspection(s).

2.6 Consultant shall provide traffic signal design review (new and/or modifications), including interconnect system, pre-emption, detection cameras, traffic monitoring cameras, signing/striping, and construction phase traffic control plans.

Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Rev. 07-01-18
Page

2.7 Consultant shall review and provide recommendations on subdivision maps and plat and legal documents.&RQVXOWDQWVKDOODOVRDFWDV&LW\6XUYH\RUDQGVLJQVXEGLYLVLRQ PDSV

2.8 Consultant shall provide Public Works Field Inspection services for developer projects including, but not limited to, verification of the Contractor’s compliance with the City approved plans, City standard details and specifications; ensuring the quality of work (via materials testing or other means as necessary); coordination with City departments, other public agencies, and various utilities; maintaining daily reports of work done, contractor’s staff, equipment, weather, etc.; and monitoring of construction impacts and safety of construction operations in the City right-of-way, develop punch list items when the work is substantially complete, and interact with the public.

2.9 Consultant shall provide construction management services as required including, but not limited to, processing requests for information and submittals, and signing- off on encroachment permits (indicating all the work has been completed in compliance with City requirements).

2.10 Consultant shall review and approve developers’ record drawings that show what was actually constructed for City records.

3. PROCEDURE FOR SERVICE ORDERS

3.1 City will provide a description of the desired Work to be performed by Contractor. City will indicate to Contractor if any City staff (part-time or full- time) is available to participate in delivering the Work. (Refer to Section 3 below regarding staffing coordination.)

3.2 Contractor will prepare a written service order proposal in accordance with the City’s request. Contractor shall consider and incorporate into the proposal any City input regarding City staffing availability to participate in the delivery of the Work. The proposal must include, but is not limited to, the following:

3.2.1 The proposed scope of Work;

3.2.2 The name and assignment of each of Contractor’s professional employees who will be principally responsible for performing the Work;

3.2.3 A time schedule and total cost for providing the Work; and

3.2.4 Any other information requested by the City.

3.3 City will review and provide comments to Contractor. Or, City will accept Contractor’s written proposal without comments.

3.4 If the City provides comments on Contractor’sproposal, Contractor shall revise the proposal to address City’s comments.

Agreement with CSG Consultants, Inc./Exhibit A-Scope of Services Rev. 07-01-18
Page

3.5 Once the Contractor and the City agree on the terms of the proposed Service Order, the City will prepare the final (“Approved Service Order”).

3.6 Contractor will be authorized to proceed with the Work under the Approved Service Order upon notification by the City that the Approved Service Order has been executed by the City or at some later date as designated by the City in writing.

4. STAFFING IN COORDINATION WITH CITY FOR FIELD INSPECTION

The City may be in a position to have City staff perform some of the responsibilities of the construction management and inspection team for a specified scope of services. The City staff may be either part-time or full-time.

Contractor should therefore anticipate the possibility that City staff will need to be integrated into the construction management and inspection team. This will necessarily displace Contractor staff for these functions. All staffing considerations and decisions are anticipated to be a collaborative effort between the City and Contractor; however, in case of a dispute, the City shall have final decision authority regarding staffing for the scope of services. If the City indicates that no City staffing support is available, the Contractor will be requested to propose on a complete team to perform all of the desired scope of services.

Agreement with CSG Consultants Inc./Exhibit B-Schedule of Rates and Charges Rev. 07-01-18

Page 1 ends

EXHIBIT B

SCHEDULE OF RATES AND CHARGES

This Exhibit B sets forth Contractor’s rates that apply to any services provided in an Approved Service Order. The rates shall remain fixed for the term of the agreement.

The hourly rates are inclusive of all incidental costs, including but not limited to, travel time, vehicle costs, materials, equipment, administration and overhead.

I 1014-2025 2025-2026
I
2026- 2027
PROFESSIONAL Ef◄ GINEffilllG SO\VlCES HOURLY RATI HOURLVRATI HOURLYRATI Administrative Assistant ) S90 $93 $96
-AnaJvst Sl50 $155 $1Jj()
C.OostructioA 1Mp.ector $165 $170 $175
A.ss1stant'-Resident Engfneer $195 $201 $207
AssTsf.ant Engioeer $165 $170 $175
Associate EngTneer $200 $206 $2U
Associate Survevc:r S195 $20 1 $207
SenTor Construa:ion Inspector -$185 $191 $197
Senior E..ngi,rleer s-uo $227 $234
.... Senior land Surveyor $220 $227 $234
Resident Engineer $240 $247 $254
Struaure P.epresemative $240 $2<L], $254
Senior Projcd Mana ger $'245 $252 s:wo
Principal Engineer $270 $278 $286
Senior Principal Engineer $290 $299 $308
Two-Pe rson SU,vey Crew 5395 $407 $419
PROFESSIONAl ENGINURIIIG SfRVICES IOU - 2025 202S- 2026 2026 - 2027 OT HOURLY RATE OT HOURLY RATE Ol HOUlil.V RATE
Administrative Assistant .$113 $U6 $120
Analyst $188 $194 ~
Construction Inspector $206 $2li $219
~ si:stantFesideflt Engineer $244 $251 $259
Assistant ;ngineer S206 $213 $219
Assocrate E.rigineer . $250 $258 ~ 5
Associate Surve.vor S24!1 .$251 S259 - .

Senior Construction Inspector $23.1 $239 $246
Senior EngJneer S275 $284 $293 .

Senior Land Surveyor $275 S284 $293
Resident Engineer $300 $309 $318
Struct ure Representative $300 $309 $318
Senlor Project Manager $306 $315 $325
Prfncipa l Enginee r $3,38 $348 sa5a
Senior Principat Eagir,e.er $363 $374 $385
Two-Person Su,vey-Crew $494 $509 $524
,.,, hourl1 ,ot?s mclu.d~ Oif~rller;d CMtS fn:JudiMJ, bUt <(.(It ilrm'!ed ro, soJon'er,-hEnc~ work"ffS !Dmperuorrotl fnsuronce, rrnw; ond ojfiel e.v,@$e.s..CS6 w7Jf a,ord inaf$ die p.,'aup 011d nm,-,. of piorJ,S b6We.en CSG end 09-ency ajfi~ . .!'SG ,..,111 d£J.iver-0 ,1 ,·n~oke iVE,-,t month Jbr SfMCes ,~r.ocreD during rhc puWo(iS monrh Agreement with CSG Consultants Inc./Exhibit B-Schedule of Rates and Charges Rev. 07-01-18

Page 1 ends

Schedule of Fees ---~~ ~ .. .,. --~----------------~---------_- -· HOISlyChmgesforP.,,-sonncl~ __..::::_:..__~~ ___ I
Professional Staff
?rtnci'pal E.ngineer/Geo1c.gist1Etw itonmen taJ Scien.t,st/Ceni:fi><!d lr.dusuiat t-lygienist Se-.nior Engineen'Geologt5"trenvironrrient.1J Scieotis.:

Se-nior ? roject EngiMer/G-eolog <st/E,wir:,n m~ntat Sciemis\ ?roject Engin-eer /Geologjst/Etwironm ental Scie-ntis-1 Se-.nior Staff Engi nar/ Geologi st.'Envi,ro.nm.enb l Sci entist Staff E.ngin.eer/Geolog\st.tEnvll'onmen tal Scientist
GIS An:JJyst
Tech.,;c .31 IUustratOll'CA0 Ooerator
Field Staff
Certiti.ed Asbestos/l ead Technician
Fi~!d Operations Mana~r
Nondest{llc:iv e E):3,noation TechnlCi.Jn {UT, MT. LP>
Supervisory T e,chnician
Special !n,spec;or {Cor, Cret~ Masonry , Structurat Ste,ef, Welding, and Fireproofing ) Senior T echnic i3n
Technician
Administrative Staff
fnformation Specialist
Geo:echnical/Env ironment.l VLabora;ory Assis'!Mlt
Data Proce ssor
Other Charges
Concre,te Conng Eq uipm~nt {inc:tiJde:s te-ctmicia.n)
Anchorlrod Test Equip~nt (ind udes- technician)
G.?R Eqoipment
Stat~ ~ Califomia Pre.v.:.iling W ~g.e Stirch arge..

Tnclir.,ometer
Hana Aug.erEq~ ipm.em
R.~bGr locato r {P-3chorneter)
VGpor EmtS..sion Kit
Nuclear Density Gauge.

X-Ray Fjuoresoe noe
=-10/FlD
.AirSampl in:9 Pvmo
=-,ietd Vehicle
2 <p&lt Whl"ll:'SS T.estimof"ly

0.-e+~t Expenses
S~ cis1 equipmant Charges w ill be provided uoon requ.:?SL 2024-2025
S220 .00
$210.00
S200 ,00
'S t95.00
$180.00
5165.00
5 145.00
$120.00
S200 .00
S13tl.OO
5 125.00
$ 120.00
$ 115.00
5 115,00
S I 10.00
SI 00.00
$ 100.00
seo.oo
2-025-2026
$23 1.00
$22.0.50
$210,00
$204 .75
s 1e.g .oo
.Si7 3.25
.S t52 25
$l26 .00
$210 00
$ 136.50
.S t31 25
in§.oo
$ l20.75
.S f.20 ,75
3 115.50
s , 05,00
$\05.00
$84 .00
2026-2027
.$242.50
323 1.50
.S220.50
.S215 .00
$ 198.50
.s,s2.oo
S t5g.75
$ l32.25
$220 .51}
, 143.25
.s , 37 ,75
$ }32.25
S t.26.75
S \26.15
$ $2125
S t 10.25
3 110.25
SSB.25
s 1901hr
s 19!1lhr
$ 180/br
s 301hr
$ \00/br
$ 801hr
s 251hr
$ 65J\lil
s 121hr
s 70/hr
s 251hr
s 10/hr
$ 151hr
s 4501hr
Cost plus 15 %
Our fie-kt Sl:f'\'iees. -3re ch11rged pcrl.31 lo pcrlal at a 4-hou r m inimum. 3f'!d 8-Mour mfnimum for hours exceeding 4 hours, OVenime r:.1tes at 1 5 times the regular rates will be cha·r{l ed fo; work performed in excess of 8 tic,urs ,n one dayi Monday tbro1.19h Friday .an-d all day Of' Sawtd-3_y. Rates at twioe the regubr mies will be charged for aN WOrfl in e,<o,:,_ss CY 1'2 hours in one d~y. 4U day Surtda_y and on ho~d3)'S~
F5ekt ~rvices th.at fl'l3Y be su~d:: to pr.e.vailin:g wage in accorda nce with A B 17158 and Preva ilW'lg Wage Determinations, will be su!Jsectto a prev~ i"9 w3ge surchai:ge.as shown in ourSchedu .!e of F ees. Ou-r rat~s will be-3djusted in conjunction with !he increase in the Prevailing W age Oe:erm&n3tion durirlQ the IWe of th e proj.ect. as 3pplicable , Agreement with CSG Consultants Inc./Exhibit B-Schedule of Rates and Charges Rev. 07-01-18

Page 1 ends

Invoicing:

1. If an Approved Service Order requires invoicing to be generated in a timesheet format, Contractor shall provide information for each Contractor staff person including name and position title (i.e. relevant role with respect to work performed Sehedule of Fees for Laboratory Testing
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~ll~p,nton Ois~ ~st ~merrs. 'llil oe ~ 31:,;,: wcmt:OO>s "Ci.111' r.n, ~'•UV,O & 1.~e 'is ~eefrM IO pemtffl II'~ MSHTO e,qli\r.Jer-4. Of 11\a".l'f ASTM le'>-1 p-oe,;e,;iures Agreement with CSG Consultants Inc./Exhibit B-Schedule of Rates and Charges Rev. 07-01-18

Page 1 ends

under the service order). Position hourly rates shall comply with the rates included in the table above.

In addition, the itemization on each monthly invoice shall set forth the amount of time (recorded in quarter hours) for each employee, the name of the employee and a description of each task performed. After setting forth the time spent on a daily basis, the itemization will provide a summary, at its end, of the total hours spent by each employee for the month, the hourly rate charged for that employee, and the total value of the service rendered by that employee for the month. The amount billed for Work shall then be determined by adding the value for the Work rendered by each employee for that particular month.

2. If an Approved Service Order requires invoicing to be generated in a progress or percent complete format, Contractor shall provide information describing in detail the services performed and how those services correlate to the percent complete. The detailed descriptions shall be for each category of services as identified in the Approved Service Order.

3. Within thirty (30) days of receipt of an itemized written invoice from the Contractor, City shall pay Contractor the amount billed for Work performed under the Approved Service Order during that billing period.

Agreement with CSG Consultants Inc./Exhibit C-Insurance Requirements Rev. 07-01-18
Page

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:

COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:

Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

Agreement with CSG Consultants Inc./Exhibit C-Insurance Requirements Rev. 07-01-18
Page
WORKERS’ COMPENSATION
Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.

COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

Cancellation.

Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of Agreement with CSG Consultants Inc./Exhibit C-Insurance Requirements Rev. 07-01-18
Page
premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.

Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.

Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.

ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and Agreement with CSG Consultants Inc./Exhibit C-Insurance Requirements Rev. 07-01-18
Page
deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements.

Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara Department of Public Works
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097

Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]

QUALIFYING INSURERS

All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance Agreement with CSG Consultants Inc./Exhibit D-Labor Compliance Rev. 07-01-18

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EXHIBIT D

LABOR COMPLIANCE ADDENDUM

This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are rem inded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates ge nerally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving pr ogress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with CSG Consultants Inc./Exhibit D-Labor Compliance Rev. 07-01-18

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payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certif ied payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and r elated construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights

All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with CSG Consultants Inc./Exhibit D-Labor Compliance Rev. 07-01-18

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practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

C. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event th at certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified;
$100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Agreement with CSG Consultants Inc./Exhibit D-Labor Compliance Rev. 07-01-18

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Agreement with Interwest Consulting Group
Rev. 07-01-18

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EBIX Insurance No. S200005453

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

INTERWEST CONSULTING GROUP

PREAMBLE

This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and interest Consulting Group, a California corporation (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, ha ve the professional qualifications, expertise, necessary licenses, and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum (if applicable)
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the Agreement with Interwest Consulting Group
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event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall commence as of the Effective Date of the Agreement and terminate on November 30, 2027. The Effective Date shall be the date the City executes this Agreement.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based.

Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Three Hundred Thousand Dollars ($300,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

Agreement with Interwest Consulting Group
Rev. 07-01-18

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7. TERMINATION
Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.

Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

Agreement with Interwest Consulting Group
Rev. 07-01-18

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12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other Agreement with Interwest Consulting Group
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agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Public Works Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]

And to Contractor addressed as follows:

Interwest Consulting Group
9320 Chesapeake Drive, Suite 208
San Diego, CA, 92123
Attention: Paul Meschino
and by e-mail at [email protected]

The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

Agreement with Interwest Consulting Group
Rev. 07-01-18

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18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter

2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section

3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered.

Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

Agreement with Interwest Consulting Group
Rev. 07-01-18

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24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form:

Dated:

GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

INTERWEST CONSULTING GROUP
a California corporation

Dated:

By (Signature):

Name: Paul Meschino
Title: President
Principal Place of
Business Address:
9320 Chesapeake Drive, Suite 208, San Diego,
CA, 92123
Email Address: [email protected]
Telephone: 619.372.9962
Fax:
“CONSULTANT”
August 23, 2024
916.512.6812
Agreement with Interwest Consulting Group /Exhibit A-Scope of Services Rev. 07-01-18
Page
8 EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

GENERAL:

Consultant shall communicate and coordinate with the City review team and report to the designated City representative.

Consultant shall meet with City, other third-party consultant(s), developers, and their design consultants.

Consultant shall review developers’ plans specific to their proposed service area (see Section 3 below).

Consultant shall review plan revisions as they are submitted to the City for approval during construction, and provide plan check review comments, recommendations, and action items summaries.

Consultant shall inspect developers’ public and private improvements.

Consultant shall provide construction management as required.

2. SERVICE AREAS:

2.1 Consultant shall review developers’ public improvement plans by utilizing efficient use of the public right-of-way and utility easements and constructability; provide plan check review comments, recommendations, and action items summary, this also includes reviewing plan revisions as they are submitted to the City for approval during construction.

2.2 Consultant shall review plan and profile underground storm drain and sanitary sewer systems, including positions of manholes; laterals; catch basins; cleanouts; and related facilities.

2.3 Consultant shall review plans for conflicts and inclusion of underground joint trench and other public utilities (gas, telecom, etc.) and inspection.

2.4 Consultant shall review developers’ on-site drainage plans and calculations as they relate to the off-site storm drain system, including verification by model.

2.5 Consultant shall provide structural review of bridges, foundations, footings, retaining walls, including geotechnical reports etc., including any necessary quality insurance on special inspection(s).

2.6 Consultant shall provide traffic signal design review (new and/or modifications), including interconnect system, pre-emption, detection cameras, traffic monitoring cameras, signing/striping, and construction phase traffic control plans.

Agreement with Interwest Consulting Group /Exhibit A-Scope of Services Rev. 07-01-18
Page
9 2.7 Consultant shall review and provide recommendations on subdivision maps and plat and legal documents. Consultant shall also act as City Surveyor and sign subdivision maps.

2.8 Consultant shall provide Public Works Field Inspection services for developer projects including, but not limited to, verification of the Contractor’s compliance with the City approved plans, City standard details and specifications; ensuring the quality of work (via materials testing or other means as necessary); coordination with City departments, other public agencies, and various utilities; maintaining daily reports of work done, contractor’s staff, equipment, weather, etc.; and monitoring of construction impacts and safety of construction operations in the City right-of-way, develop punch list items when the work is substantially complete, and interact with the public.

2.9 Consultant shall provide construction management services as required including, but not limited to, processing requests for information and submittals, and signing- off on encroachment permits (indicating all the work has been completed in compliance with City requirements).

2.10 Consultant shall review and approve developers’ record drawings that show what was actually constructed for City records.

3. PROCEDURE FOR SERVICE ORDERS

3.1 City will provide a description of the desired Work to be performed by Contractor. City will indicate to Contractor if any City staff (part-time or full- time) is available to participate in delivering the Work. (Refer to Section 3 below regarding staffing coordination.)

3.2 Contractor will prepare a written service order proposal in accordance with the City’s request. Contractor shall consider and incorporate into the proposal any City input regarding City staffing availability to participate in the delivery of the Work. The proposal must include, but is not limited to, the following:

3.2.1 The proposed scope of Work;

3.2.2 The name and assignment of each of Contractor’s professional employees who will be principally responsible for performing the Work;

3.2.3 A time schedule and total cost for providing the Work; and

3.2.4 Any other information requested by the City.

3.3 City will review and provide comments to Contractor. Or, City will accept Contractor’s written proposal without comments.

3.4 If the City provides comments on Contractor’s proposal, Contractor shall revise the proposal to address City’s comments.

Agreement with Interwest Consulting Group /Exhibit A-Scope of Services Rev. 07-01-18
Page
10 3.5 Once the Contractor and the City agree on the terms of the proposed Service Order, the City will prepare the final (“Approved Service Order”).

3.6 Contractor will be authorized to proceed with the Work under the Approved Service Order upon notification by the City that the Approved Service Order has been executed by the City or at some later date as designated by the City in writing.

4. STAFFING IN COORDINATION WITH CITY FOR FIELD INSPECTION

The City may be in a position to have City staff perform some of the responsibilities of the construction management and inspection team for a specified scope of services. The City staff may be either part-time or full-time.

Contractor should therefore anticipate the possibility that City staff will need to be integrated into the construction management and inspection team. This will necessarily displace Contractor staff for these functions. All staffing considerations and decisions are anticipated to be a collaborative effort between the City and Contractor; however, in case of a dispute, the City shall have final decision authority regarding staffing for the scope of services. If the City indicates that no City staffing support is available, the Contractor will be requested to propose on a complete team to perform all of the desired scope of services.

Agreement with Interwest Consulting Group /Exhibit B-Schedule of Rates and Charges Rev. 07-01-18

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EXHIBIT B

SCHEDULE OF RATES AND CHARGES

This Exhibit B sets forth Contractor’s rates that apply to any services provided in an Approved Service Order. The rates shall remain fixed for the term of the agreement.

The hourly rates are inclusive of all incidental costs, including but not limited to, travel time, vehicle costs, materials, equipment, administration and overhead.

Hourly Rate Schedule
Effective July 1, 2024

BUILDING SAFETY SERVICES

CLASSIFICATION
Certified Bu~ding Official
Licensed Plan Review Engineer (structural. civil,
electrtcal, mecllanical)I ArcM ect
Supeivising Structural Engineer
Senior Structural Engineer
Senior Plans Examiner
CASp
Inspector Ill
Inspector II
Inspector I
Permit Technician
Fire Protection Engineer
Senior Fire Plans Examiner
Fire Plans Examiner/Fire Inspector
rec Building Plans Examiner
Senior Code Enforcement Officer
Code Enforcement Officer
Trainee

ENGINEERING SERVICES

CLASSIFICATION
Principal in Charge
Principal Engineer
City SUiveyor
City Engineer
Project Manager
Senior Traffic Engineer
Traffic Engineer Ill
Traffic Engineer II
Traffic Engineer I
Traffic Engineertng Associate II
Traffic Engineering Associate r
Transportation Engineer
Supeivising Engineer
Senior Engineer
Licensed Land SUiveyor
2024/2025 202512026 2026/2027
$165 $170 $175
$160 $165 $170
$200 $205 $210
$185 $190 $195
$145 $150 $155
$135 $140 $145
$115 $120 $125
$105 $110 $115
$95 $100 $105
$80 $85 $90
$160 $165 $170
$135 $140 $145
$125 $130 $135
$125 $130 $135
$140 $145 $150
$130 $135 $140
$75 $80 $85
2024/2025 20 2512026 2026/2027
$255 $260 $265
$230 $235 $240
$220 $225 $230
$225 $230 $235
$210 $215 $220
$200 $205 $210
$190 $ 195 $200
$180 $185 $190
$170 $175 $180
$160 $165 $170
$150 $155 $160
$210 $215 $220
$205 $210 $215
$200 $205 $210
$190 $ 195 $200
Agreement with Interwest Consulting Group /Exhibit B-Schedule of Rates and Charges Rev. 07-01-18

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Engineering Associate Ill $160 $165 $170
Engineering Associate II $150 $155 $160
Engineering Associate I $140 $145 $150
survey Technician $130 $135 $140
Senior Enginee<ing Technician $130 $135 $140
Engineering Technician Ill $130 $135 $140
Engineering Technician II $115 $120 $125
Engineering Technician I $105 $110 $115
student Trainee $50 S55 $60
Gracflng Plans Examiner $165 $170 $175

CONSTRUCTION MANAGEMENT
CLASSIFICATION 2024/2025 2025/2026 2026f2027
Construction Manager $180 $185 $190
Assistant Construction Manager $160 $165 $170
SUpervising Public Wms Observer $175 $180 $185
Senior Public W011(s Observer $170 $175 $180
Public Worl(s Observer Ill $160 $165 $170
Public Worl(s Observer II $145 $150 $155
Public Worl(s Observer I $130 $135 $140
"Where prevailing wage is required, there is a supplemental charge per hour.

REAL ESTATE
CLASSIFICATION 2024/2025 202512026 2026/2027
SUpervising Corporate Broker $260 $265 $270
Senior Project Manager $200 $205 $210
Project Manager $180 $185 $190
Senior Acquisition/Relocation Agent $140 $145 $150
Acquisition/Relocation Agent $125 $130 $135
ROW Technician $115 $120 $125
ROW Coordinator $100 $105 $110
Administrative Support $80 S85 $90
'Where prevailing wage is required, there is a supplemental charge per hour.

LANDSCAPE DESIGN AND REVIEW SERVICES
CLASSIACATION 2024/2025 202512026 2026/2027
Project Manager $185 $190 $195
Senior Landscape Design Reviewer $165 $170 $175
Landscape Design Reviewer $150 $155 $160
Landscape Maintenance Inspector $130 $135 $140
Agreement with Interwest Consulting Group /Exhibit B-Schedule of Rates and Charges Rev. 07-01-18

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I Landscape Field Sul)efVisor

PLANNING SERVICES

CLASSIFICATION
Community Development Director
Project Manager
Planning Manager
Plincipal Planner
Senior Planner
Associate Planner
Assistant Planner
Planning Technician

ADMINISTRATIVE

CLASSIFICATION
Grant Manager
Grant Writer
Management Analyst II
Management Analyst I
Senior Administrative
Administrative Ill
Administrative IJ
Administrative I
$130 $135 $140
2024/2025 202512026 202612027
$220 $225 $230
$190 $195 $200
$200 $205 $210
$180 $185 $190
$165 $170 $175
$135 $140 $145
$110 $115 $120
$90 $95 $100
2024/2025 202512026 2026/2027
$165 $170 $175
$155 $160 $165
$125 $130 $135
$115 $120 $125
$115 $120 $125
$100 $105 $110
$90 $95 $100
$75 $80 $85
Agreement with Interwest Consulting Group /Exhibit B-Schedule of Rates and Charges Rev. 07-01-18

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Invoicing:

1. If an Approved Service Order requires invoicing to be generated in a timesheet format, Contractor shall provide information for each Contractor staff person including name and position title (i.e. relevant role with respect to work performed under the service order). Position hourly rates shall comply with the rates included in the table above.

In addition, the itemization on each monthly invoice shall set forth the amount of time (recorded in quarter hours) for each employee, the name of the employee and a description of each task performed. After setting forth the time spent on a daily basis, the itemization will provide a summary, at its end, of the total hours spent by each employee for the month, the hourly rate charged for that employee, and the total value of the service rendered by that employee for the month. The amount billed for Work shall then be determined by adding the value for the Work rendered by each employee for that particular month.

2. If an Approved Service Order requires invoicing to be generated in a progress or percent complete format, Contractor shall provide information describing in detail the services performed and how those services correlate to the percent complete. The detailed descriptions shall be for each category of services as identified in the Approved Service Order.

3. Within thirty (30) days of receipt of an itemized written invoice from the Contractor, City shall pay Contractor the amount billed for Work performed under the Approved Service Order during that billing period.

Agreement with Interwest Consulting Group/Exhibit C-Insurance Requirements Rev. 07-01-18
Page
15 EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:

COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:

Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

Agreement with Interwest Consulting Group/Exhibit C-Insurance Requirements Rev. 07-01-18
Page
16 WORKERS’ COMPENSATION
Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.

COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

Cancellation.

Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of Agreement with Interwest Consulting Group/Exhibit C-Insurance Requirements Rev. 07-01-18
Page
17 premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.

Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.

Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.

ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and Agreement with Interwest Consulting Group/Exhibit C-Insurance Requirements Rev. 07-01-18
Page
18 deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements.

Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara Department of Public Works
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097

Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]

QUALIFYING INSURERS

All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance Agreement with Interwest Consulting Group/Exhibit D-Labor Compliance Rev. 07-01-18

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EXHIBIT D

LABOR COMPLIANCE ADDENDUM

This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with Interwest Consulting Group/Exhibit D-Labor Compliance Rev. 07-01-18

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payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights

All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with Interwest Consulting Group/Exhibit D-Labor Compliance Rev. 07-01-18

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